Legal Question in Criminal Law in New Mexico

IS there anything I can do to help my husband? One day we were fighting and he began to hit me and he cracked his head open with a vace. He was holding our child when he did this. I went to my moms house until everything calmed down. His grand father went and told me that he found him passed out and that he was going to take him to the hospital. When we were fighting he told me he was going to blame me for hitting him. So i called authorities when they arrived i explained what happened . I did not write no statement but expplained that i did not want to get in trouble for something I didnt do but Did not want him to get in trouble. He explained that he had to get both sides of the story n i had a few bruises here and there and the officer asked me if he could take pictures. At first i told him no...... Then he kept saying that It would look better on me if I did. I have not talked to my husband since then but it has only been 5 days. I looked up the case on the internet and its saying that he is being charged with aggrivated battery on a houshold member (misdemeanor. False imprisonment and abuse of a child no bodily harm and this was not my intentions can i revoke the use of the photos the officer took of me and what is false imprisonment. What can I do to make things better because this was not my intention at all. how can I get these charges on him dropped?


Asked on 10/13/10, 8:35 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

It is out of your hands now and the DA is in control. You can try to send the DA an Affidavit that you don't want to proceed, and you can refuse to go to court if you are not subpoenaed, but otherwise you cannot control the proceedings from this point on. If convicted, you husband will never again be permitted to possess a firearm.

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Answered on 10/21/10, 12:07 pm


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