Daniel P Leavitt's answer DV cases are tough. Stay safe. As for what you can do, it's out of your hands and it is up to the prosecutor/judge. You can retain some lawyers to discuss theoretical scenarios of what a person in that situation might do. You don't want to be prosecuted yourself. Stay safe and good luck.
Bryan J. Jones' answer It's impossible to say with the little information that you've given. Make sure that you have an attorney to represent you. Your attorney will be able to go over all the facts of the case with you and advise you.
Daniel P Leavitt's answer There are several potential issues. For safety reasons you may be able to get a temporary restraining order based on threats. From a perspective of landlord/tenant law he may very well be living in the home under a month to month tenancy and if that is the case you can give him notice to vacate and you can get the court to order him out of the home.
Steve Miyares' answer You can’t drol the case. That decision os in the control of the Commonwealth’s Attorney. You can tell the prosecutor that you want to drop the charge and not testify, and the prosecutor might agree. But the final decision of whether or not to drop the case is going to be up to the prosecutor
Steve Miyares' answer Shooting or throwng a missile at an occupied vehicle is a felony offense in Virginia. It carries the potential for prison tme amd other serious consequences resulting from a felony conviction.
You should not discuss any other facts of this case on this or any other pblic forum. I strongly recommend you privately consult with and retain an experienced criminal defense areorney in your local jurisdiction to represent you. Good luck.
The girlfriend has no authority to determine how the case proceeds. The Commonwealth’s Atorney is in control of prosecuting thr case. The girlfriend can talk to the prosecutor about her desire to have this matter dropped, bit the prosecutor can still choose to prosecute the matter. Even if the girlfriend doesn’t want to cooperate, it might be possible for teborosecution to proceed using prior statements,...
Susan Fremit's answer Once the police or magistrate got involved, the situation is no longer in the control of the victim. It is now the prosecutor who the victim needs to convince to drop the charge. Generally speaking, prosecutors don't like to drop domestic assault charges, so to have any chance at obtaining this outcome, you need to hire a local experienced criminal defense attorney.
Bryan J. Jones' answer You should contact the prosecutor's office. They will probably have someone working as a victim/witness coordinator. You should tell them about the case and how you'd like to see the case resolved. They are not obligated to drop the charges just because you want the charges dropped, but they will take your request into account when deciding how to handle the case.
Susan Fremit's answer Hire the best local criminal defense you can afford. Keep up the great work in your struggle against substance abuse and coping with your mental illness. With these 2 actions, you have a good chance of getting the charges reduced.
Susan Fremit's answer You called the police? Difficult in VA to get domestic charges dismissed. If you tell the Commonwealth (prosecutor) that you were drinking heavily that day and don’t recall your action but since nobody else was present, the scratches could be attributed to your actions, the charges might be dropped. Work with his lawyer.
Bryan J. Jones' answer The police would have to bring charges within one year of the incident. The type of proof necessary could be the girlfriend's statements or other witness statements or pictures of injuries.
Susan Fremit's answer Contact your husband's lawyer and tell him that you both are doing great now. The prosecutor will likely threaten you with filing a charge of contempt of court against you if you say you are not going to testify. You husband may qualify for the first offender program but he should speak to his lawyer about whether the charge can be amended to something like a trespass charge.
Susan Fremit's answer Any attorney licensed to practice law in VA is deemed to be competent. You can go onto the VA State Bar website to see if the attorney you ultimately select has had any reports filed against him or her. Otherwise do your research: check out his or her website if there is one, read the client reviews if there are any (if there are not any, ask yourself "why?") and talk to friends. Most attorneys will give you a free consultation.
Susan Fremit's answer You had 10 days to appeal and 60 days to reopen you case. You are obviously outside those 2 limitations. You could speak to an experienced criminal defense attorney about bringing a habeas application but I am not certain how successful that would be. I think you are stuck with your plea.
Susan Fremit's answer You can go to the magistrate in each of the 2 cities where you say you were assaulted. But wouldn’t it be better to convince her to get into counseling and anger management? And yes, she could lose her job if she is convicted.
Susan Fremit's answer I suggest you hire a local experienced criminal defense attorney as soon as possible. The longer the fail to appear has been, the less likely he will be released without argument at a bond hearing which will require the help of an attorney.
Susan Fremit's answer There is a statement: what you told the police officer. Usually a domestic assault is a misdemeanor, not a felony. If this is a first time offense, the family member can complete the first offender program for a dismissal or go to trial to fight the charge.
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