Legal Question in Family Law in Washington
domestic
My husband & I had a loud arguement and one of the neighbors ended up calling the sheriff, when the showed up I made an admonition that I started it by pushing him. And they arrested me. We were advised by the officers that he could come down & post bail, but on a Sunday night @ 11:00 there was nowhere to get $500 cash, so I ended up staying the nite in jail.....I have never even had a traffic ticket, so this is becomming a nightmare to say the least. We were advised by the prosecuting atty's office that my husband could write a letter & they would dismiss the charges, so he did, they then referred us to the judge who would not even speak to him, I have been to court once & have to go back again, my problem is I can afford an attorney of my own, but to be honest, I refuse to spend $1000 on an atty to defend me against something so rediculous. I really don't know what to do, My husband thinks I should just plead guilty, pay the fine & get it over with, but I don't want this on my record for the rest of my life. I am a hard working 40 yr old mom of 2 & have NEVER had any problems with the law in my life......any suggestions??
2 Answers from Attorneys
Re: domestic
Without seeing a lawyer, you will get nowhere fast with this case. Domestic violence is taken very seriously these days and you woul dbe well advised to get an attorney who is well versed in these matters. Otherwise, you will be stuck with thi sthing on your record for a long time.
Re: domestic
As my torts professor used to say, "Into every life a little rain must fall." Face the fact that this will cost you some money and hire a lawyer who will take it to jury trial.
Your easiest result, if it is not dismissed, would be to get a stipulation and continuance, which results in no conviction and dismissal after a year. Do not agree to the 1 to 2 year-long anger management, as it will cost a lot of money. Agree to a one-day information class, but no more.
As a matter of strategy--which , the state may have no case without your husband as a witness. Read CrRLJ 4.8, especially subsections (c) and (e)(2), which is the district court rule on subpoenas. http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=clj&set=CrRLJ&ruleid=cljcrrlj4.08
Finally, stand on your constitutional rights. Do not let police in your house without a warrant. Do not speak to them without a lawyer present. They are not the friend of the family; they are the agents of the growing police state. Agree with your husband to not call 911 in these circumstances. And tell your neighbor that if they ever call the police again without checking with you first you will sue them. (You probably wouldn't be able to sue them, but it would give them something to think about.)
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