Q: How can my son get felony charges reduced for a DV arrest?
My son was arrested for domestic violence and is being held on felony 2 charges, even though his pregnant girlfriend stated he did not hit her. It is his first arrest, and he has not been assigned an attorney yet. The police issued a "no contact order," and they took pictures and spoke with his girlfriend and a friend who was sleeping on the couch. The arresting sheriff may have been influenced by his girlfriend's pregnancy. Additionally, my son has not been taking his depression medication regularly, and I recognize he needs mental health support. How can my son work on getting these charges reduced, especially since I can't be there for his first appearance before the judge?
A:
It’s important for your son to get a lawyer as soon as possible. A lawyer will be able to assess the evidence, including his girlfriend’s statement, and work on strategies to reduce or dismiss the charges. The fact that this is his first arrest and there was no physical evidence of harm could work in his favor, but he will need legal representation to guide him through the process.
Since he hasn't been assigned an attorney yet, it’s crucial that he requests one during his first appearance before the judge. His attorney can help him understand the legal process, whether there’s a possibility for reduced charges, and if mental health factors, like his struggle with depression, can be addressed in his case. It may also help to have evidence of his efforts to manage his mental health and treatment to show that he is taking responsibility for his well-being.
If the arrest was influenced by his girlfriend’s pregnancy, it might be possible for the defense to argue that the situation was misunderstood or overreacted to, especially with no physical harm involved. His lawyer could also explore options like anger management or mental health counseling as part of a plea deal. The goal will be to reduce the severity of the charges and ensure that he receives the support he needs to address any underlying issues.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.