Legal Question in Criminal Law in California

advice needed

my husband was arested for domestic violance. it was all a misunderstanding can he be released without doing anytime if so what can i do?


Asked on 1/26/09, 12:10 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: advice needed

Hire him an attorney. Misunderstandings" don't get him arrested, police seeing evidence of violence does. DA's prosecute those charges, whether you 'change your mind' or not.

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Answered on 1/26/09, 3:08 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: advice needed

Unfortunately, your view of the incident, whether it was all a misunderstanding or not, does not control the matter once the police have been called. It is now up to the DA to decide whether to file charges. Chances are he/she will think you are simply recanting to save your husband now, will not believe you and will decide to file.

The absolutely best thing you can do for him is to find him and retain a good lawyer. Domestic violence charges do not necessarily go away easily and you are well served by having an effective attorney involved.

You should also contact a lawyer to find out what your options are as a victim/witness if you want to help your husband.

Feel free to contact my office if you desire additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/26/09, 2:57 am


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