Legal Question in Criminal Law in Missouri

Class C 2nd degree Domestic Violence

My fiance and I were involved in a heated argument in a public place. He was forcefully trying to get me into my car, and I of course was fighting him off. I did tell the officer I was 5 months pregnant at the time and I believe thats why they are taking it this far. I had no bruises. There were statements made by witnesses and of course they stated they saw him trying to run me over with his vehicle and pulling me around the ground. I did not place a exparte or press charges but the state of Missouri took over. I wrote a letter to the prosecutor asking them to drop charges and explaining what really happened that day. They refused to even speak to me and I was told they were going forth with the charges. My fiance cannot afford a attorney and he was also told he did not qualify for a public defender due to his income. He is already making $500 payments to a bailbond man monthly since his bond was posted at $50,000. He has his arraignment scheduled for this Friday and he has no attorney. What should he expect, and how do we go about getting him a attorney? Can he be arrested at the arraignment?? Also, would he qualify for the Diversionary Program, since he has no prior record??


Asked on 9/17/07, 3:56 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Class C 2nd degree Domestic Violence

Your boyfriend should have hired an attorney when he was first charged instead of making some deal to pay a bondsman. The attorney probably could have gotten the bond reduced and gotten a 10% cash bond approved. Then your boyfriend could have used the money he is giving to the bondsman to pay an attorney who will fight for him. Since he apparently applied for a public defender and was turned down, he should hire the very best criminal defense attorney he can afford. Prosecutors who handle these types of cases are not likely to drop the charges simply because the victim doesn't want to prosecute. If they did drop the charges, and then your boyfriend seriously injures you or kills you the next time you have a "heated argument", their names would be in the news. P.S. They see this exact same scenario countless tmes.

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Answered on 9/17/07, 11:44 pm


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