I had spoke to an officer and told her what happened that night, not knowing she could serve a warrant without having a statement, pictures, or a nurses documentation. What will happen?
answered on Feb 12, 2018
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.
This is the second time we've been in court for this, the first time was in Virginia Beach and I dropped the charges. This time it's in Chesterfield and I had bruises on my face from him and the bedroom door was broken because of him. Police also heard a little bit because I called them... View More 
answered on Feb 10, 2018
You can ask the prosecutor if you can testify in camera, but it will have to be proven that you would be traumatized if you testify in front of him. Being really scared is not enough.
I went to pick him up from the bar because he was wasted. He hit me on our way home from the bar while I was driving. I also had our baby in the car. We are now on good terms and i do not wish anything to happen to him. What can I expect to happen to him? He also stated that he would run us off the... View More
answered on Feb 8, 2018
You should probably speak to his attorney about the details of this case.
answered on Jan 24, 2018
More information is needed but your best option is to come to NJ and hire an experienced criminal/domestic violence lawyer. Most of us offer a free in office consultation. I suggest you set one up.
My boyfriend got into a fight with someone. I️ put myself in the middle and tried holding him back from attacking the person. When I️ did this he kept pushing me back trying to get me off of him. He never hit me and I️ explained this to the police when they got there. I️ The other person... View More
answered on Jan 21, 2018
Your BF pushing you to get off him could be an unwanted touching and thus an assault. Once the police arrive on the scene, whether you want to proceed with the charges or not is out of your hands. Tell your BF's attorney that your BF did not assault you as far as you are concerned and you... View More
I left him due to domestic violence, and since I will not be with him he has abandoned his son for 5 years now. Can I change my son last name to mine?
answered on Jan 20, 2018
This is not a criminal defense question. It is a family law question so I will try to redirect your question to that area of law.
answered on Jan 19, 2018
The prosecutor will try to avoid a trial, depending on the nature of your described assault. If he qualifies for the first offender program, he will certain things to do, such as complete an anger management program; also a substance abuse program if you alleged drugs or alcohol played a role in... View More
I called just to scare her and for the cops to calm her down but they ended up arresting her and charging her with unlawful bodily injury and assault on a family member. I didnt feel threaten, and dont want to press charges from the get go. I didnt really get hurt or go to the hospital. How bad are... View More
answered on Jan 18, 2018
She could ended up being a convicted felon which is never good. If you want to help her, contact her attorney to speak to him or her and tell you side of things. Whether the charges are dropped will now depend on the prosecutor but you can help her attorney try to get the charges dropped or... View More
can the order be dropped when i go to court and will i have to explain why i want the protective order ended?
answered on Jan 14, 2018
The judge will want to ensure that you are not/fear for your life.
The case was 2 years ago in 2015. I was charged with Malicious Wounding. my lawyer suggested I take an Alford Plea. However 2 years later I am finding out that the plea means I claim I am innocent but they have evidence to find me guilty. There was ZERO evidence that the victim was hurt. There was... View More
answered on Jan 9, 2018
Usually the judge asks the defendant a number of questions, including whether the defendant knows what an alford plea means or what the defendant thinks the alford plea means, and whether the defendant understands the consequences of an alford plea. (With an alford plea, the defendant is saying... View More
The Victim I was planning on moving
answered on Jan 8, 2018
If you were subpoenaed and you miss court a witness warrant can be issued for your arrest.
A friend of a co worker has a 3 week old baby. She recently left an abusive relationship with father. She let the baby's dad take him for the dad and was to be back at a certain time. He is now refusing to bring the child back. What does she need to do legally to get her child back and have... View More
answered on Jan 7, 2018
This is a family law question, not criminal defense. I will transfer your question.
What will they give him
answered on Jan 4, 2018
A lot depends on your BF’s criminal record, if any. There are sentencing guidelines for the felony which take into account prior convictions and any jail time served for those convictions. The misdemeanor carries a max sentence of 12 months.
I have a 2 year protection order against my spouse of 28 years. It has come to my attention that he is more than likely in the 1st or 2nd stages of dementia. He has started texting me nonstop, calling and crying. He also recently came to my home and flipped his vehicle into a ditch totalling it. He... View More
answered on Jan 3, 2018
Without knowing all the details, it appears there is not much you can do. It is unfortunately up to him to decide to get treatment. If you don't want to drop the protective order, you shouldn't. Perhaps you or your children should research mental health options in your area to see if... View More
I miss court on a AnB charge in which I was in the wrong court room after doing 30 days in jail I really want to know if I could use my time that I already have since I have a state job
answered on Jan 2, 2018
An experienced criminal defense attorney may be able to greatly assist you; especially since it sounds like you have a defense on the fta charge. Often completing 25 or more hours of certain community service and having references letters can help avoid jail.
My previous charges are exsponged. Will I likely face jail time? I am assuming DV and possibly strangulation charges are coming but have not yet been contacted by police. There was destruction of property by both parties and the alleged victim also stole a number of goods from the home we shared?
answered on Dec 25, 2017
If you went through the first offender’s program, your charge was li8kely dismissed not expunged. For a charge to be expunged, you need to brin g an application for expungement in Circuit court. Thus, thes prosecutor will know that you had a prior domestic violence charge and now you have... View More
This is taking place in the state of Virginia. She's actually harassing me but I can't file anything against her because I don't know anything about her.. How is this even possible? She keeps filing false charges against me, I don't know what to do
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answered on Dec 16, 2017
If the Protective Order civil case was heard in General District Court, she can appeal within ten (10) calendar days. The appeal is heard in the Circuit Court of the county where the first case was filed. Contact an experienced defense lawyer in your area for a full consultation.
Virginia Domestic assault cases
answered on Dec 8, 2017
Yes, you can.
She could. Usually it is a protective order. You can still invoke your rights.
Does he have to testify against me he is the victim
answered on Nov 30, 2017
If he was served a subpoena, he has to comply with the subpoena.
Va. Code § 8.01-398. Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section).
Husband and wife shall be competent witnesses to testify for or against each other in all... View More
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