My wife was arrested and charged with a second degree assault (domestic violence) at my home by the police from a testimony I gave to the police at their station three hours later from our argument, when I was asking for advisory. I never pressed charges or signed any document. All went wrong, fast and far from the police. We had and argument and she scratched my right arm. That's it. Still it shouldn't be escalated like the police did. I did not expect to happen such thing, In the report I am the victim. She was took to the detention center and released next day due no priors at all without any conditions. My wife is a good mother, church goer and PTA member. We did not receive the court date. Please help to dismiss all the charges and avoid any records. I am want to cooperate as mu
Do not post any more facts publicly. Contact a criminal defense lawyer for your wife. You have the right to refuse to testify against your wife in her criminal case, which may force the State to drop charges, but you need to do this the right way. Once filed, charges are not so easily dismissed just because the victim wants them dropped. A lawyer can help make that happen.
Bennett James WillsContracts / Agreements LawyerBaltimore, MD ·
Hire counsel for her immediately. If you cannot afford private counsel contact the public defender's office. Dropping the charges is not within your control. It is up to the prosecutor to do that. However, if you are married, you have a marital privilege and can choose not testify against her. But this can only be used once. It's best to get an attorney right away to protect her rights.
So you thought the police would be the best people to give you advice about trouble in your marriage? In case you didn't know, the job of police is to pursue criminals and make arrests.. I doubt you simply wanted marital advice from the police. Perhaps you got angry or scared or upset and didn't quite realize that once you decide to involve the police you are not in control of what happens next. In any case now you know what can happen and can act accordingly in the future, but for now she needs help. It is quite possible that this case can be defended based on the facts you have given here but your wife absolutely needs an attorney right away, as this charge carries the possibility of ten years in jail if convicted
Assuming that this is the first time that this has happened, what you are looking for as an outcome (dismissal) should be very attainable with relatively no trouble. You have a spousal privilege if you are married and you can refuse to testify. But, as many have indicated, you need an attorney to make sure that all goes smoothly. Nothing is ever certain when you go to court, but a dismissal seems like a very likely outcome if you have an attorney help you. Good luck.
Scott R. ScherrCar / Auto Accident LawyerLutherville, MD ·
Your wife needs a lawyer. Once charges are filed, only the State's Attorney can drop the charges. If you have never exercised the marital privilege before, you can use it in this case and refuse to testify which will make it difficult for the State to prove its case.
