Legal Question in Criminal Law in Idaho

Prosecuting Attorneys terms for dismissal of Misdemeaner

Husband was arrested over night, for Domestic Assault, no phone call allowed, lost his job, 1st pretrial hearing 54 days later, wife changed statement to event didn't occur, city Prosecuting Attorney is going to take this to trial and sopenea wife and charge with perjury, unless our home owning family of 5, moves out of state in 21 days only then would he dismiss this case altogether. What is your opinion on this matter?


Asked on 8/01/01, 1:17 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Prosecuting Attorneys terms for dismissal of Misdemeaner

It seems a little drastic. However, these cases are typically

dismissed for women changing their minds after they initially get the

husband out of the house for awhile and husband apologizes and promises

never to do it again. Many prosecutors require that once filed they won't

dismiss the case just for this reason. This is not unusual.

2. I have no idea what the prosecutor is trying to accomplish with

the moving from Id position. This appears to me to be an unconstitutional

requirement since citizens are constitutionally allowed to purchase

and live on real property.

3. The only way this may be addressed however, is to contact the Idaho

State Bar to file a complaint against this attorney on the basis that his is

violating the rules of professional conduct by trying to force you to leave

Idaho.

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Answered on 8/01/01, 3:10 pm


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