Can I prevent my husband from going to jail? 61 Answers as of August 31, 2011

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.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
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: 8/31/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
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: 8/18/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
You should contact the prosecutor or your husband's attorney for your case if you have concerns.
Answer Applies to: Michigan
Replied: 8/17/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
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: 8/17/2011
The Connelly Firm P.C.
The Connelly Firm P.C. | Thomas Connelly
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
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    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
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    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
    Law Office of Richard Williams | Richard Williams
    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
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    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
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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: 8/15/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    This is out of your hands now it is up to the state, however getting a lawyer to work a deal with the prosecutor that involves no jail time and him doing a rule 25 assesment for his drug issue might help.
    Answer Applies to: Minnesota
    Replied: 8/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You may wish to discuss the case with the prosecutor or assistant prosecutor actually handling the case. Ultimately, it is up to the prosecutor to decide whether to continue with the prosecution. If your husband is convicted, you will have a chance to speak at sentencing and can express your views to the court.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    Maybe. Some criminal defense lawyers, like my firm, handle cases for "victims." When hired in this capacity, we call this a Victim's Advocate. If you were to work with such a lawyer, he or she could advocate your position and try to get the charges dismissed.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Law Office of Sara Sencer McArdle
    Law Office of Sara Sencer McArdle | Sara Sencer McArdle
    There are many ways of handling domestic violence cases. It is difficult to put a 4 year old on the witness stand. The police will need a statement made by someone who was present to describe what happened.
    Answer Applies to: New Jersey
    Replied: 8/15/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    It is no longer up to you as to whether to prosecute him or not. The DA now will decide. You need to consuilt with an experienced domestic violence defense law firm very soon. Go to wklaw.com for more information on this matter.
    Answer Applies to: California
    Replied: 8/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Unless he has a prior record or injured you he will not get a jail sentence. He will get anger management counseling and probation. Please help him to get professional help to address his alcohol problem before it gets out of control.
    Answer Applies to: New York
    Replied: 8/15/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Talk to the prosecutor. Maybe something can be worked outr for alcohol treatment and anger management that would keep him not only from going to jail but having a record. Get an attorney.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry In many cases, jail can be avoided. A good strategy, like counseling, conference with the prosecutor, letters of recommendation, letters from employer or counselor, are good ways to get a favorable result. Combined with MCL 769.4a, there is a good chance of not only avoiding jail, but also keeping a one time offense off a person's public record. If interested in hiring this office to represent him in Macomb, Oakland or Wayne Counties, please call for an appointment. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/15/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Not everyone who commits a crime goes to jail. His history and your input will impact what the court orders. In domestic violence situations the court does not want to split families up who are trying to work things out. They will want the offender to remain sober and engage in counseling, both substance abuse and domestic violence, to ensure that repeated behavior does not happen.
    Answer Applies to: New Hampshire
    Replied: 8/15/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If this is the first time that he has been charged, he could enter a conditional guilty plea and then attend an anger management program to have the charge dismissed.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It sound like you both need help. We recommend, as to the criminal case, that he retain a criminal lawyer ASAP. Good luck to you.
    Answer Applies to: Georgia
    Replied: 8/15/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Your husband needs to hire a lawyer. There may be options that a lawyer could suggest and a Judge may allow. Domestic violence charges are not easily dropped. The State can prosecute on its own, even if the victim later decides not to go through with it.
    Answer Applies to: Alabama
    Replied: 8/15/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    He and you need separate attorneys to represent your interests but who can work together on what you are seeking.
    Answer Applies to: California
    Replied: 8/14/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    You should talk to your husband's lawyer and explain your wishes to him and the victim's advocate.
    Answer Applies to: Washington
    Replied: 8/14/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    You should write a formal letter to the judge and the D.A. There may be some other options if you hire an attorney for advice.
    Answer Applies to: Pennsylvania
    Replied: 8/14/2011
    The Office of Benjamin Daniel
    The Office of Benjamin Daniel | Benjamin Daniel
    Florida law requires that your husband be arrested under the circumstances you describe. He will have a bond hearing within 24 hours at which you should appear. You can talk to the judge at that time and explain your position.
    Answer Applies to: Florida
    Replied: 8/14/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    You should help your husband hire an attorney and work with that attorney.
    Answer Applies to: Hawaii
    Replied: 8/14/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    You no longer get to make this decision. Only the prosecutor can dismiss the case. Your request to drop the charges will be a factor and necessary if the charges are going to be dismissed.
    Answer Applies to: Louisiana
    Replied: 8/14/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Whether or not your husband receives jail time will be based upon what the DA seeks, what your husband's attorney can present, and what the judge ultimately decides. In terms of getting assistance for yourself, you should seek out TESSA or a similar organization where you live which provides services to women in your circumstance.
    Answer Applies to: Colorado
    Replied: 8/14/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You can certainly help by talking with a victim advocate about the situation. Your husband needs representation. Assault cases are very serious and can have employment related and other consequences.
    Answer Applies to: Minnesota
    Replied: 8/14/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    For the most part, things are out of your hands; however, the prosecutor will take into account what you want to happen with how they handle the case. Your thoughts will also be considered by the judge upon any sentencing.
    Answer Applies to: Nebraska
    Replied: 8/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    When you go to court, talk to the prosecutor and tell him that you do not want your husband to do any time, but that he should be put on a probationary type of sentence and as a condition of same, be ordered by the court to attend domestic abuse counselling and alcohol counselling. In all likelihood, they will offer this type of sentence, assuming your husband does not have a criminal history.
    Answer Applies to: Illinois
    Replied: 8/14/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    There is much you can do to lessen the chances of him getting convicted and doing time in jail. You bothe need to hire counsel to advise you further.
    Answer Applies to: Washington
    Replied: 8/14/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    In these types of situations an alleged victim can have influence to a degree but it is up to the prosecutor whether to move forward with the case. Whether they can without your support depends on the facts of the case and the rules of evidence. If this is a first offense and you have no more than minor injuries I would be optimistic. Having said that there are red flags here. Your husband has some issues that need attention. He needs a lawyer that can help him stay out of jail as well as will give him the kick in the rear to get his act together.
    Answer Applies to: Washington
    Replied: 8/14/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    You can communicate with the prosecutor your position and that you would ask that he be given probation and mandated alcohol treatment. When a person breaks the law it is the state that is the plaintiff, the victim is a witness. If this is his first offense he should be offered probation. Keep in mind though that domestic violence is rarely an isolated incident, once the behaviour surfaces it usually continues unless there is intensive intervention with counselling, therapy, and anger management intervention.
    Answer Applies to: Arkansas
    Replied: 8/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. Call his lawyer and explain your wishes. You may be able to work this out.
    Answer Applies to: New York
    Replied: 8/14/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    The DA can move forward with charges even if you do not wish to press charges. You and your husband could try to work with the DA and settle the case. You may want to seek hiring an attorney for your husband or talk to the public defender's office if you cannot afford an attorney and charges have been filed.
    Answer Applies to: California
    Replied: 8/14/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The prosecutor handling the case should call you before settling it. And, you can talk with your husband's lawyer to help. You can tell the prosecutor that you do not want your husband to do jail time but that he has an alcohol problem and needs treatment. He also needs parenting classes and anger management or Batterer's Intervention and Prevention Program. No matter what his excuse for getting angry with you or for his action, you do not deserve to be hit on. Moreover, even if you are willing to excuse his behavior from your point of you, you have a child who does NOT need to be seeing this kind of stuff. It will absolutely have a negative effect on her if it doesn't stop immediately.
    Answer Applies to: Texas
    Replied: 8/13/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    There are many many considerations when a person is charged with 'domestic violence' and unless it is his first offense, in most counties it is not likely he will get jail time, but rather will get some type of probation with a requirement he attend 'domestic violence' counseling. He really need s a lawyer familiar with these types of cases and the best thing you can do is help him find the funds to hire a lawyer.
    Answer Applies to: Colorado
    Replied: 8/13/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The best thing you can do is hire an attorney. An attorney will know how to navigate through the charges and how to assert your rights about not being forced to testify against your spouse. Alone without counsel, your husband could find himself convicted, despite your desire. If he can't afford counsel, he should ask for a court appointed lawyer. You don't get to choose who you want, but it should be a qualified attorney that will be far superior to representing himself.
    Answer Applies to: Massachusetts
    Replied: 8/13/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You may be able to speak to the prosecutor and tell them all the details, if the prosecutor desires he can drop the charges.
    Answer Applies to: Kansas
    Replied: 8/13/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    You can write a letter to the DA's Office as well as the police and express your interest not to prosecute. Other than that, there is very little you can do to stop a DA from prosecuting your husband if there is enough probable cause to believe a crime has been committed. You should also refrain from speaking to the police as the police may use your statements to further prosecute your husband.
    Answer Applies to: California
    Replied: 8/13/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Need to immediately have your husband consult with an experienced criminal attorney who appears regularly in the court where your husband's case is filed. There may be mitigating circumstances to justify sentencing other than jail time.
    Answer Applies to: California
    Replied: 8/13/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    You can make your feelings known to the prosecutor, telling him you won't testify against your husband and that he needs treatment for an addiction. There is an immunity between Husband-Wife so you cannot be compelled to testify, or threatened with contempt for not testifying. The problem is that most D.A.'S want convictions more than justice and if the one on your husband's case is so oriented he can introduce what you said when you made the report to the police against your husband as well as what you may have told them when they arrived and your daughter's statements. Still, if you don't have a history of domestic violence and you weren't hurt too severely (and I hope you weren't) I'd suggest taking concrete steps to show you and your husband are serious about addressing his substance problem. Enrolling in and attending AA classes would be a great thing to do. It's inexpensive and strengthens your argument of treatment v punishment. At least it gives the D.A. something to hang his hat on if he wants to work with you. I wish you and your husband all the best.
    Answer Applies to: California
    Replied: 8/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Probably not. The policy of the DA is to vigorously prosecute, regardless of the victim tearfully saying how wonderful he is and this is all a mistake. In a domestic violence issue, the rule is: call the cops, someone goes to jail. Talk to the DA and try to convince them to go for programs instead of punishment.
    Answer Applies to: California
    Replied: 8/13/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    There are a number of factors that come into play as to whether your husband would go to jail. First, he has to be convicted of some crime. Second, depending on the nature and seriousness of the charges and his criminal history (if he has any prior convictions) will depend on whether a Judge would sentence him to a period of incarceration.
    Answer Applies to: Pennsylvania
    Replied: 8/13/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    When the police respond to a report of domestic violence, they generally will arrest the suspect. You cannot control that. If your husband is prosecuted, you can provide input to the prosecutor regarding your interests and thoughts on what should happen. Your husband needs an attorney.
    Answer Applies to: Washington
    Replied: 8/13/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    You can only state to the police that you do not wish to cooperate with the prosecution, or the district attorneys office when they contact you
    Answer Applies to: New York
    Replied: 8/13/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    There are no guarantees that your husband can stay out of jail but there things he can to lessen the chances. The first thing to do is hire an experienced criminal defense attorney. Many times the defense lawyer will have had prior cases with the same prosecutor or may know the judge and his sentencing policy. This knowledge and experience can prove invaluable when defending a criminal case. If your husband represents himself, he will be an easy target for the prosecution because he poses no threat standing alone. The second thing to do is to immediately enroll your husband in an anger management program so that he can get some counseling sessions under his belt before the first court date. Third, tell your husband to have a chemical dependency evaluation done and tell him to begin to follow its recommendations. An experienced criminal defense attorney will be able to refer you to a defense oriented evaluator who will recommend the least restrictive alcohol treatment for your husband. Finally, if you do not want to see your husband prosecuted, you should make this position known to the prosecutor. No one wants to push the case to trial with an uncooperative witness. Following these steps will give him "The Best Defense."
    Answer Applies to: Minnesota
    Replied: 8/13/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    I dont know that is anything that you can say, but he needs to affirmatively deal with his drinking issues. That will help him regarding his sentence. Residential would be best but at least goimg to AA several times a week.
    Answer Applies to: California
    Replied: 8/13/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You should begin taking classes for domestic violence victims so that you can show the District Attorney that you are aware of the potential consequences of living with a person who has physically hurt you in the past. Also, you can prepare a declaration stating that your husband is a good person and that this is an isolated incident.
    Answer Applies to: California
    Replied: 8/13/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    He needs an attorney to present things to the court.
    Answer Applies to: Michigan
    Replied: 8/13/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It is not you against your husband it is the State of California against your husband. The state can take the case to court without you making a complaint. Because of this most of the time a domestic violence case will not be dismissed just because the victim wants her/his spouse back. Some judges will not grant an O.R. release because if the one arrested is out then he may not want to take a plea. If your husband does not have a record and there were no serious injuries, a deal could be made for him to get probation and do AA meetings and anger management classes. An attorney could help with this.
    Answer Applies to: California
    Replied: 8/13/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    Once the report has been made it is no longer up to you to prosecute the case, the District Attorney's office will decide what charges to file against him. It is very common for spouses or significant others to wish to handle these matters privately and wish for the charges to be dropped. But once the police or DA gets involved it is no longer up to the alleged victim. The DA will however consider your position if you are a key witness, as they will need your cooperation to prove their case. In your case they also have your daughter's statement which they can use against him but there are of course problems with statements of minors. Your husband needs an attorney and that attorney should have you write a declaration stating that you don't wish for him to go to jail, he is a good father, etc. Also he should start going to AA meetings a couple times each week to convince the court that his problems are alcohol related. You may have an issue with a protective order keeping him away from his daughter because she was present when this happened so this will also be something his attorney needs to work on getting rid of so he can come home and be around his child.
    Answer Applies to: California
    Replied: 8/13/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes you can. Contact a good criminal defense attorney for your husband immediately
    Answer Applies to: Oregon
    Replied: 8/13/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Once the police make an arrest the casein out of your hands and rests with the state prosecutor. The state prosecute assigned to the case is whom you need to speak with now. Some will not discuss it until the morning of court.
    Answer Applies to: Virginia
    Replied: 8/13/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Depending on your Husband's priors, there can be quite a bit you can do. The first thing to do is make your wishes known to your Husband's attorney and the State Attorney's office. It is unlikely a 4 year old is going to be allowed to testify.
    Answer Applies to: Florida
    Replied: 8/13/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    You would have to speak to his attorney and the prosecutor to let your feelings known to them. You have a right to be heard. If his attorney is good, he will include that in his defense
    Answer Applies to: California
    Replied: 8/13/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Its very important your husband hire an attorney immediately. Depending on how bad he hurt you this could be a felony or a misdemeanor. Is this his first time. Unfortunately, even if you don't testify against your husband, the DA will no longer dismiss this case.
    Answer Applies to: California
    Replied: 8/13/2011
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