Legal Question in Criminal Law in Maryland

2nd time being falsely accused of Domestic Violence

I have been falsely accused of domestic violence for the 2nd time by my husband. First time police added resisting arrest and hindering an investigation. Husband did not testify and judge found me not guilty on other two charges. Husband called police to say I hit him. I did not hit him and I asked my husband to tell the truth. Husband told police I did not hit him and police threaten to arrest him for filing false report. They threaten to arrest me for assault and place daughter in foster home. There was no evidence of domestic violence. One week later I was served with summons being charged with 2nd degree assault. Charging papers did not state all facts, just I slapped husband. Husband went to State Attorney Office and filled out form that he was not going to testify. Do not know much about form. Husband moved out. Preliminary hearing in 4 weeks. Husband moved out and left me with all the bills. Not much money to pay for criminal attorney and I don't want this case to go any further. Will State Attorney drop case? How can I find out before court date? Can I hire a lawyer to find out before court date if charges will be dropped? Why did the police not state all the facts in his report?


Asked on 1/13/09, 6:59 pm

3 Answers from Attorneys

2nd time being falsely accused of Domestic Violence

You should certainly consult with an attorney to find out the status of your case. If you cannot afford to hire an attorney, at least get a public defender.

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Answered on 1/13/09, 9:33 pm
Bill Wood Law Office of William C. Wood, LLC

Re: 2nd time being falsely accused of Domestic Violence

Not clear from the facts you present whether your husband did not testify in the prior case or invoked his marital privilege to refuse to testify. If he has invoked the privilege in the past, he cannot do so again. It is difficult to say what the State's Attorney will do. It is certainly in your best interests to have an attorney represent you and discuss the case with the State's Attorney prior to trial.

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Answered on 1/13/09, 7:17 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: 2nd time being falsely accused of Domestic Violence

Maybe, maybe not. Most likely it will go to the court date and the state may try to intimidate your husband to testify. Feel free to contact me anytime, you may be surprised at the price you could get on a private lawyer.

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Answered on 1/13/09, 8:46 pm


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