Legal Question in Criminal Law in California

Domestic Violence Case

My husband was arrested for domestic violence and is being charged with felony corporal injury of a spouse. However, I am being told two seperate things on the legal side. I never made a written statement to the police. Is there a way to make a written statement stating that we were both intoxicated and the report that I have never seen may not be accurate? Will this get him out of jail?


Asked on 10/04/08, 11:54 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Domestic Violence Case

Police are not required to get a written statement from you. If you talked to them, they wrote down everything you said and your statements might be sufficient to incriminate your husband if in fact they were incriminating.

If you are serious about helping your husband, you must contact a lawyer asap for a confidential consultation to explore all your options. There might be a few available. Do not attempt to make any statements or talk to any DAs or police investigators by yourself. Chances are you will provide information which will further incriminate your husband and possibly you as well if the DA or police think you are now recanting and lying to help your husband.

Feel free to contact me if you are looking to retain a lawyer in Southern California.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 10/05/08, 4:27 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Domestic Violence Case

No, it will not get him out of jail. You shouldn�t talk to the police and you should hire an attorney ASAP. Feel free to contact my office if you would like to discuss your matter.

http://www.rpmcclurelaw.com/

Read more
Answered on 10/06/08, 12:57 am
George Moschopoulos The Law Office of George Moschopoulos

Re: Domestic Violence Case

Domestic violence cases are unique in that prosecutors are especially sensitive to the phenomenon that the victims in these situations are likely to recant, revise or even retract their statements. Thus, many prosecutors will still file charges against the alleged absuer. The police report will be made available to your husband's attorney, whether it is a public defender or a private attorney. However, a private attorey will likely be able to review the report and respond faster to the allegations. If you are serious about getting help, feel free to contact our office for a free consultation.

Read more
Answered on 10/05/08, 12:39 am


Related Questions & Answers

More Criminal Law questions and answers in California