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MY WIFE AND I LIVED IN MY mothers house downstairs DO TO A BIG FIGHT TO WHICH I TOOK DOWN The door
Anonymous9 views2 answers
She would not let me see my child in my own apt SHE CALLED TGE POLICE I WAS ARRESTESD FOR A MISDORMINER AND PROTECTION OF ORDER MY WIFE PUT ON MY CHILD she wants to drop the protection of order but what happens with the MISDORMINER which is a class 1 I broke my own door down I assume this is up to the proscuter
Yes, if criminal charges have already been filed then it is ultimately up to the prosecutor as to whether or not to drop the charges. You should consult with an attorney to discuss this matter fully, if you have not already done so.
There is no such thing as a Class "1" Misdemeanor. Criminal Mischief, which is probably the name of the offense you were charged with, is a Class "A" Misdemeanor. Of course, you always have the right to go to trial. However, if you have no prior record and there are no additional aggravating circumstances, the prosecutor would likely offer to have you plead to a lesser charge, particularly if you pay for the damage that you caused. It is also possible that a lawyer could get the charge reduced to a non-criminal offense so that you have no record. Doing so would probably require that you pay for the damage and may further require that you go into an anger management program if the prosecutor believes it is necessary. On the other hand, if you have a prior record, it will be more difficult to obtain a favorable plea offer and, if the record is either lengthy or serious in nature, you may not receive any plea offer.
Needless to say, any instances reflecting a display of anger in which property is damaged should be avoided, particularly when your child is around. If it is a common occurrence, you may wish to seek some counseling to assist you in dealing with your anger, even if the prosecutor does not require it, but that is of course up to you.
