Legal Question in Criminal Law in Minnesota

my legal rights

Hi- my husband and I recently were in a very low place in our marriage, I had just told him of an affair, he freaked, threatend to kill me, when the police got there, he had a gun in the car, but no bullets. he was arrested, and now we are in the legal system. He has a great attorney, but I want to know my rights. The county attorney does not listen to my requests nor does she even call me back, what can I do? what are my rights as the victim? I do not want him to go to jail, he has never hurt nor did he hurt me that night, he did scare me, but I also hurt him after 19 years of marriage. we do love each other, need to work on a lot before getting back together. the county attorney wont let him see our youngest daughter unless he is with an adult, because she was there that night. Our oldest daughter can see him no problem. he and I can only talk on the phone, this has been 2 months, what can I do, why dont I have say in this matter? I am very frustrated, dont know which way to go, or what I can do! please help and advise. Thank you!


Asked on 10/04/08, 5:20 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: my legal rights

I am afraid that a prosecutor may proceed with the case whether you wish that to happen or not. the prosecutor may also subpoena you to testify at any trial.

Certainly, having a reluctant witness makes the case significantly weak for the prosecution. Nonethless, they may call law enforcement officers to testify about any prior statements made if you recant your testimony at trial.

In most instances, the defense attorney foir your spouse would investigate the matter and seek a statement from you if it is inconsistent with those included in the police report. That would be used to undermine the prosecution's case.

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Answered on 10/09/08, 11:02 am


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