In Need Of Legal Advice

[lobee89]

First off, I'm in northern California (by the Oregon Border).

My husband got drunk in March of this year. He's not much into drinking and rarely ever drinks alcohol. He drank one night and drank almost an entire bottle of Black Velvet, quart size - and 4 beers. He doesn't remember feeling angry, having angry thoughts, or much of anything really. He went off the deep end and slammed me up against our front door and tried to punch me (drunk punches, thankfully missed my face). He was taken off to jail and stayed there for 4 days.
He deserved that, honestly.
He is not a normally violent person, he would rather walk away from a bad situation than throw punches.
In June, our acting DA had said that if for a month more she didn't hear anything (that he was drinking in excess, cops called on him, fighting, etc) she would drop the charges completely or he would just have 3 years probation.
July came around and she left for vacation so the acting acting DA took over and said she was going to charge him with spousal battery (note, he didn't leave any bruises and I didn't need any form of medical attention).
My friend who was the witness the night of the happenings got a hold of me today and told me she was served with a subpoena for his trial.

My husband goes to pre trial sept 9th and jury trial sept 11th.
I have heard of a program called pre trail intervention, but i'm not sure if it's offered in my area. Does anyone have any legal advice for my husband as to what his options are and what he should do next?

This is his only and first time offense, his record is 100% clean besides this.

 

[lobee89]

They are charging him with Spousal Battery and they want him to enter a VERY expensive 52 week HASP (anger management) program along with 3-7 years of probation. We are a family of almost 5 (new baby due 12/25/2013) and can't afford the program.

 

[Proserpina]

They are charging him with Spousal Battery and they want him to enter a VERY expensive 52 week HASP (anger management) program along with 3-7 years of probation. We are a family of almost 5 (new baby due 12/25/2013) and can't afford the program.

He really needs to be speaking with his attorney.

 

[lobee89]

He really needs to be speaking with his attorney.

his attorney is a pain to get a hold of, thats why i am seeking advice.

 

[Proserpina]

his attorney is a pain to get a hold of, thats why i am seeking advice.

We can't second guess his attorney; his attorney knows the case far better than we do.

 

[TigerD]

They are charging him with Spousal Battery and they want him to enter a VERY expensive 52 week HASP (anger management) program along with 3-7 years of probation. We are a family of almost 5 (new baby due 12/25/2013) and can't afford the program.

Frankly, from what you posted, you can't afford for him to not do the anger management program.

You and your kids need a safe place to live. Domestic violence doesn't just go away on its own.

DC

 

[dave33]

He really needs to be speaking with his attorney.

In this situation this is the ONLY advice one can give.

 

[aardvarc]

He's not much into drinking and rarely ever drinks alcohol. He drank one night and drank almost an entire bottle of Black Velvet, quart size - and 4 beers.

Just out of curiousity, was this alcohol already in the home, or did he stop and pick it up that evening?

He doesn't remember feeling angry, having angry thoughts, or much of anything really.

The normal numbing of alcohol.

So who called the police?

He is not a normally violent person, he would rather walk away from a bad situation than throw punches.

But intoxicated persons don't act normally. That's usually the whole problem with getting intoxicated.

she left for vacation so the acting acting DA took over

The new DA isn't held to any deals the former DA might have offered.

and said she was going to charge him with spousal battery (note, he didn't leave any bruises and I didn't need any form of medical attention).

Neither bruises, injuries, nor need for medical treatment are necessary for the charging of the crime.

I have heard of a program called pre trail intervention, but i'm not sure if it's offered in my area.

It's entirely up to the DA whether to offer any alternatives to trial.

Does anyone have any legal advice for my husband as to what his options are and what he should do next?

He needs to be working with a criminal defense attorney, and he needs to get every DROP of alcohol out of the house and not bring it in again. Wouldn't hurt to start looking locally for substance/alcohol abuse counseling too, since the court it likely to order attendance.

They are charging him with Spousal Battery and they want him to enter a VERY expensive 52 week HASP (anger management) program along with 3-7 years of probation. We are a family of almost 5 (new baby due 12/25/2013) and can't afford the program.

If he's unhappy with the DA's offer, which has expenses but apparantly no jail time, he can always turn it down and choose to take the matter to trial. But before he does so, he needs to understand that trial is all or nothing. Either he's found not guilty and he walks away free, or he's convicted and faces the whole possible range of sentencing, up to and including thousands of dollars in fines AND jail time. Before he shrugs off an offer with NO jail time, he really should sit down discuss how you will afford things if he's convicted and gets sentenced to lengthy incarceration. Figure out how many months you could do without his salary or income, then ask his attorney what would be sentencing range for these particular charges in front of this particlar judge, and compare the two to figure out if jail is more affordable for your family than the court's proposed treatment program.