Can I prevent my husband from going to jail? - Criminal Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I prevent my husband from going to jail?

I called the cops on my husband for physically hurting me. My 4 year old daughter saw everything and told the cops. My husband was very intoxicated at the time. He would never do something like this sober. Is there anything I can say or do that would not give him jail time. I dont think he deserves that. He's an amazing person sober. He just has a drinking problem and needs help.

Answer By Jared Austin
Austin Legal Services, PLC
Contact this Attorney Now

You can always request that the prosecutor drop the charges, but keep in mind that they don't have to and can subpoena you and make you testify or else face jail time. You can always speak on your husband's behalf at sentencing at to the probation department conducting the presentence report that you would not like to see him go to jail and give the reasons why. Also, make sure he has a good lawyer. If it's his first offense, he may be able to keep it off his record.

Answer Applies to: Michigan
Replied: 8/30/2011

Answer By Maury Beaulier
Beaulier Law Office
Contact this Attorney Now

He should hire experienced counsel. When the witness is a child, the case is always suspected. An aggressive attorney may be able to seek a dismissal or a resolution with minimal consequence.

Answer Applies to: Minnesota
Replied: 8/17/2011

Cornish, Crowley, Rockafellow, & Sartz, PLLC
Contact this Attorney Now

You should contact the prosecutor or your husband's attorney for your case if you have concerns.

Answer Applies to: Michigan
Replied: 8/16/2011

Answer By Seth J. Bloom
Bloom Legal, LLC
Contact this Attorney Now

It may be possible for you to testify on your husband's behalf or to encourage the DA not to press charges. Sometimes the DA will be willing to consider the alleged victim's opinion in the decision to press charges. Unfortunately what many people do not realize is that in domestic abuse cases, as soon as law enforcement becomes involved and an arrest is made, the matter is out of the hands of the victim. Domestic violence is technically a crime against the state so the ultimate decision of whether or not to press charges remains entirely up to the District Attorney. It is because of this that it is always better to resolve your problems civilly whenever possible and to avoid the involvement of law enforcement officials. If you believe that your husband will be facing charges and needs legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.

Answer Applies to: Louisiana
Replied: 8/16/2011

Answer By Thomas Connelly
The Connelly Firm P.C.
Contact this Attorney Now

It is up to the District Attorney assigned the case whether to press charges against your husband. The District Attorney may consider your opinion in making this decision, however. You may want to contact, by phone or letter, the District Attorney's office and inform the attorney assigned the case that you do not wish to press charges. If your husband has taken steps to address his drinking problem, by entering some kind of program, you should include that in your letter or phone conversations. At that point, it is up the District Attorney whether or not to charge your husband.

Answer Applies to: Pennsylvania
Replied: 8/15/2011

Answer By Andrew Subin
Law Office of Andrew Subin
Contact this Attorney Now

You can call the prosecutor and tell them how you feel about it, but it is out of your hands at this point to stop the prosecution.

Answer Applies to: Washington
Replied: 8/15/2011

Answer By Craig Andersen
Andersen Law PLLC
Contact this Attorney Now

In the State of Washington, you can neither "press" or "drop" charges. That is up to the prosecutor's office. What your husband did in front of your daughter is inexcusable. Your husband not only has an alcohol problem. I drink beer and I've never hit anyone. If your husband wants to avoid jail, I suggest he get an alcohol assessment and enter treatment as soon as possible. He should also obtain a domestic violence evaluation and an anger evaluation. That way the judge and prosecutor will see that he is taking responsibility and addressing the root causes of his aggression. But be real about this. Your daughter's future depends on how her father behaves. Children who grow up in violent homes have a high rate of being violent themselves or marrying an abuser. You owe it to her to make sure dad gets treatment and owns the bad things he has done. AA will help him with both.

Answer Applies to: Washington
Replied: 8/15/2011

Law Office of Richard Williams
Contact this Attorney Now

As a married spouse you can assert your spousal privilege not to testify against your husband. If you do so you cannot be compelled to testify and the Court will likely dismiss the charges. You have to be most insistent in asserting the privielge as prosecutors are most aggressive in prosecuting domestic violence cases.

Answer Applies to: Alabama
Replied: 8/15/2011

Edward  D. Dowling IV Attorney at Law
Contact this Attorney Now

You could try talking to the prosecuting attorney to drop the charges or to get a no jail promise from the judge. Your husband should get an attorney.

Answer Applies to: New York
Replied: 8/15/2011

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
Contact this Attorney Now

No. Once that 911 call to the police is made and there is evidence of assaultive behavior on the part of your husband, he is going to go to jail. The fact that the incident happened in front of a 4 year old child adds to make matters worse. From your attempts to rationalize, it sounds like there are other issues going on. The matter is out of your hands because this is a criminal matter and it is the prosecutor who is bringing the charges, not you.

Answer Applies to: Washington
Replied: 8/14/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy