Dont know what to do

[whitedove111]

What is the name of your state (only U.S. law)? AZ.
6 months ago, I was involved with a domestic dispute. The police arrested both parties. My ex husband plead guilty in a plea agreement and they dropped domestic violence charges. He plead guilty to assault & disorderly conduct.He had kicked in the front door and attacked me. While attempting to remove his arm from choking me, he was accidently scratched. I plead not guilty and retained an attorney. The attorney said the charges should have been dropped and I should never have been arrested. He has now filed a motion for "dismissal with prejudice" and the state can bring charges against me again. What I did was self defense. I dont understand how they can do this to me, including the attorney I paid so much money to represent me. This charge will stay on my record (which I had no record before) and I cant pass a FBI fingerprint check which totally destroys my chances of getting a good job. This isnt fair. What can I do?What is the name of your state (only U.S. law)?

 

[Ohiogal]

He has now filed a motion for "dismissal with prejudice" and the state can bring charges against me again.

A dismissal with prejudice means the charges can NOT be brought again.

How is it the attorney's fault that you were arrested and charged? the police showed up and had to make a quick decision.

 

[LdiJ]

A dismissal with prejudice means the charges can NOT be brought again.

How is it the attorney's fault that you were arrested and charged? the police showed up and had to make a quick decision.

The police had to make a quick decision, but the DA ultimately decided whether or not charges would be filed.

Its getting pretty bad out there if someone is being choked and cannot try to save their own life without getting a DV charge.

 

[Ohiogal]

The police had to make a quick decision, but the DA ultimately decided whether or not charges would be filed.

Its getting pretty bad out there if someone is being choked and cannot try to save their own life without getting a DV charge.

Because maybe that is not the story that the DA got. Maybe hubby has a different version of events. One that does not involve choking but involves self defense of his own.

 

[LdiJ]

Because maybe that is not the story that the DA got. Maybe hubby has a different version of events. One that does not involve choking but involves self defense of his own.

True, but he is the one who kicked in the front door...so its not likely that he started out defensive.

 

[whitedove111]

What is the name of your state (only U.S. law)? AZ.
6 months ago, I was involved with a domestic dispute. The police arrested both parties. My ex husband plead guilty in a plea agreement and they dropped domestic violence charges. He plead guilty to assault & disorderly conduct.He had kicked in the front door and attacked me. While attempting to remove his arm from choking me, he was accidently scratched. I plead not guilty and retained an attorney. The attorney said the charges should have been dropped and I should never have been arrested. He has now filed a motion for "dismissal with prejudice" and the state can bring charges against me again. What I did was self defense. I dont understand how they can do this to me, including the attorney I paid so much money to represent me. This charge will stay on my record (which I had no record before) and I cant pass a FBI fingerprint check which totally destroys my chances of getting a good job. This isnt fair. What can I do?What is the name of your state (only U.S. law)?

I appreciate the replies so far and I stand corrected on something I wrote in my original post. What the decision ended up being was dismissed without prejudice meaning it could be brought back up. Also, to clear up another issue, I need to mention that no judge has ever been allowed to hear the details or facts of the case since the ex husband made a plea agreement, his case was settled before my case even went to pretrial. I was actually to go to trial recently and my attorney and the prosector together filed this motion to dismiss without prejudice. I was never consulted by my attorney nor did I have the option to have a judge hear the truth or facts in the case. Also, at the time of the incident, we were still married. I filed for and got my divorce along with an Order of Protection. I need to find out what recourse I have at this point.

 

[LdiJ]

I appreciate the replies so far and I stand corrected on something I wrote in my original post. What the decision ended up being was dismissed without prejudice meaning it could be brought back up. Also, to clear up another issue, I need to mention that no judge has ever been allowed to hear the details or facts of the case since the ex husband made a plea agreement, his case was settled before my case even went to pretrial. I was actually to go to trial recently and my attorney and the prosector together filed this motion to dismiss without prejudice. I was never consulted by my attorney nor did I have the option to have a judge hear the truth or facts in the case. Also, at the time of the incident, we were still married. I filed for and got my divorce along with an Order of Protection. I need to find out what recourse I have at this point.

I am not really sure what to advise you.

Dismissed without prejudice is not a conviction. However, the fact that the DA is willing to dismiss at all indicates that the DA doesn't think that the case is a winner.

I would get a consult with a different criminal law attorney. Basically, a second opinion.

 

[Isis1]

I appreciate the replies so far and I stand corrected on something I wrote in my original post. What the decision ended up being was dismissed without prejudice meaning it could be brought back up. Also, to clear up another issue, I need to mention that no judge has ever been allowed to hear the details or facts of the case since the ex husband made a plea agreement, his case was settled before my case even went to pretrial. I was actually to go to trial recently and my attorney and the prosector together filed this motion to dismiss without prejudice. I was never consulted by my attorney nor did I have the option to have a judge hear the truth or facts in the case. Also, at the time of the incident, we were still married. I filed for and got my divorce along with an Order of Protection. I need to find out what recourse I have at this point.

i'm confused. you said the charges were dropped. motion was dismissed. you have nothing but an arrest on your record.

 

[CdwJava]

my attorney and the prosector together filed this motion to dismiss without prejudice.

So, even the DA agrees that charges should be dismissed?

Why are you complaining, then????

If the DA agrees that charges should be dropped that is a good thing for you. You can ask your attorney about the possibility of expunging an arrest from your background. But, unless TX law is different from the other states I know of, an arrest cannot be held against you whereas a conviction can.