Legal Question in Criminal Law in New Mexico
Domestic battery on a family member / disrupting communications
I was arrested for Domestic abuse on a family member (my fiancee) and disrupting communications. We had an arguement one night and she began throwing our dinner all over our bedroom, so I tried to restrain her and in doing so I hit her in the chin unintentionaly. Her son went to call the police so I unplugged the phone in an attempt to resolve the problem ourselves without involving the police. Well, the police showed up and arrested me, the arresting officer is the one who placed the charges on me not her. I spent the night in jail and my Fiancee bailed me out. She tried for three nights to get a hold of the arresting officer to see if he would drop the charges, but she could not get a hold of him, so they left a mess. in his box. I went to court and pleaded guilty on both charges. The judge has said that I need to be evaluated and that each charge carries a $500 fee, plus i might do up to 90 days in jail. This is my first offense. What am I possibly looking at in terms of fees and any jail time? I was told that if I pleaded not guilty on the abuse charge and my Fiancee didn't testify that they would drop the case. Can I change my plea on that charge? What should I do here?
1 Answer from Attorneys
Re: Domestic battery on a family member / disrupting communications
Obviously it is always best to get the answers to such questions before pleading guilty. Probably you cannot withdraw your guilty plea at this late date.
Once the police are involved in a DV complaint the complaining witness cannot withdraw the complaint. Once a complaint is made in NM, the police must arrest the person charged.
DV charges are serious. They should not be put in motion unless the complaining witness is serious. Drastic consequences may flow from a conviction, such as the loss of the right to possess a firearm.
If the complaining witness does not appear for trial usually a warrant will issue to comple her attendence and her testimony. She has no right to refuse to testify under these circumstances.
The best stragegy is to enroll in an anger-mangement class and/or a relationship building class BEFORE sentencing, and voluntarily, as usually that will avoid a fine [court costs will still be owed] and a jail term for first offenders.
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