Legal Question in Criminal Law in Missouri

how can i help my husband who is in jail for domestic assault

My husband was arrested in august of 2004 for domestic assault on myself. I pressed charges and had him arrested with the intentions of making it so he could get the mental help he needed. I thought by having him arrested he would be forced to let somone help him with his mental unstibility for once in his life. Now, in March of 2005 he is still in the county jail and still has not made a plea of guilty or not guilty. I have spoken to the public defender and the judje residing the case and im getting no where. The alternat sentanceing group on the case has set a plan for him to go home to Indiana where he can get the help that he needs. To this day the prosecuting attorney has never spoken to me or asked me as his wife how i feel about all of this and has never alowed me to speak my peice in anything regarding the well being of my husband. The only information i get it by me calling the public defender on the case and getting answers from him. I am very concerned about the well being of muy husband and why hasnt he plead yet. Can they hold him if he has not made a plea and what can i do to help get him sent back home to his family where he belongs and will be of no threat to me. I need to know what i can do to help him.


Asked on 3/03/05, 1:34 am

1 Answer from Attorneys
J. Matthew Guilfoil The Guilfoil Law Group, L.L.C.

Re: how can i help my husband who is in jail for domestic assault

If you actually want to get him out, bond can usuallly be posted in such cases. Otherwise, he may have to sit while the matter is pending. Once the charges are filed it is the State's decision whether to proceed based on whether they have enough evidence of whether he committed the act-- whether you want to proceed is irrelevant. They WILL proceed even if you don't want them to if they have enough evidence. They do it all the time.

If you need help in the Kansas City area, please do not hesitate to contact us.

Matt Guilfoil

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Answered on 3/03/05, 11:56 am


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