Assult on a family member

[hexen23323]

What is the name of your state? VA
I WAS arrested for putting a nickle sized bruise on my wifes arm. She stayed out all night with another man. I called her on her cell phone, we argued and she threatened to have sex with him and hung up, then turned off her phone. When she came back home the next day we argued about it. I wanted her phone, because the phone is actually mine. Its in my name. This was a total misunderstanding I was jealious. I grabbed her arm and snatched the phone from her. She pushed me and left. Next thing I know Im being arrested for assult on a family member. My wife and I are going to go to councleing. The arrenment is on the 24th of this month. She wants to drop the charges, but now the state has taken the case. They also had taken pics of two other brusies but they where old ones and she even told them that, and the arresting officer even said that to the magistate. I got her to get a notery saying I didnt abuse her in anyway. Is it possible that the two of us can go on the arrenment day and tell the judge we are working things out, and it was a misunderstanding, and that we are going to coucleing together. Would they drop the charges? Thanks

 

[CdwJava]

They expect her to recant or change her mind. This will have little bearing on the matter.

Consult local counsel.

- Carl

 

[Happy Trails]

What is the name of your state? VA
I WAS arrested for putting a nickle sized bruise on my wifes arm. She stayed out all night with another man. I called her on her cell phone, we argued and she threatened to have sex with him and hung up, then turned off her phone. When she came back home the next day we argued about it. I wanted her phone, because the phone is actually mine. Its in my name. This was a total misunderstanding I was jealious. I grabbed her arm and snatched the phone from her. She pushed me and left. Next thing I know Im being arrested for assult on a family member. My wife and I are going to go to councleing. The arrenment is on the 24th of this month. She wants to drop the charges, but now the state has taken the case. They also had taken pics of two other brusies but they where old ones and she even told them that, and the arresting officer even said that to the magistate. I got her to get a notery saying I didnt abuse her in anyway. Is it possible that the two of us can go on the arrenment day and tell the judge we are working things out, and it was a misunderstanding, and that we are going to coucleing together. Would they drop the charges? Thanks

Info. link, it is up to the prosecuting attorney on whether or not they will prosecute.

http://www.billhickslawoffice.com/PracticeAreas/Domestic-Assault.asp

 

[hexen23323]

What if she refuses to testify if they dont drop it?

 

[BelizeBreeze]

What if she refuses to testify if they dont drop it?

I guess she'll find out what a subpoena means then.

 

[CdwJava]

And if she refuses to testify or avoids court, she can go to jail.

- Carl

 

[gawm]

She's cheating, you're beating the crap out of her. Don't you think it would be a good thing to end this relationship?

 

[stephenk]

What if she refuses to testify if they dont drop it?

They don't need her to testify. They have her 911 call recorded, photos of the bruises, the police officers who took her statement, and any statements you made admitting to grabbing her.

so, did she have sex with the guy?

 

[hexen23323]

Well we talked to the arresting officer, he said that 99% of the time when both partys agree to work things out the commonwealth will nole prosqui the whole thing. We called the DA who is handleing the case she looked into my history and the severity of the case. She said as long as officer Bowman <the arresting officer> is in agreeance she would Noli Prosqui this matter. So am I ok?