Newby with Question! Domestic Battery

[IrishSparky]

Nevada

Hi guys, I'm hoping someone on here can offer an opinion or two on my case.

A few weeks ago the wife and I got into an argument while driving in Henderson Nevada - we were on our way home to Utah at the time.

Someone called in that two people were arguing in a car and that the female (my wife) was hitting the male driver (me).

Long story short, cops show up, seperate us, ask lots of questions and ask us to both sign statements. We both state that my wife has hit me on the head. Cops arrest my wife and she is kept overnight in jail and charged with domestic battery. Due for arraingment the end of this month.

My questions centre around what is the best way for my wife to avoid a conviction in this case. She is in her final year at school to be a teacher and a domestic violence conviction would end her teacher career before it starts.

Let me state, that I was in no way injuried during the incident and it really was a storm in a tea cup, but the cops wanted to make an arrest and they did.

Can I withdraw my statement in this instance, or how would I go about changing it? I strongly feel that no "battery" was committed and it just seems like overkill on a massive scale. I'm not an American citizen, I only immigrated here from Ireland a year ago and I have no idea how the US Legal system works.

Any help would be greatly appreciated.

Regards

IrishSparky

 

[mistoffolees]

You probably can't withdraw your statement, nor should you (in most cases).

If your wife wants to avoid jail time, her best bet is to get an attorney and talk with the prosecutor to see if she can work out a plea. IF she agrees to anger management classes and probation, she may be able to get off, but it's really up to the prosecutor.

 

[IrishSparky]

Plea? Admission of guilt?

Thanks very much for your response, I have a few follow up questions.

If she accepts a plea does that not mean she is then convicted of that crime? Hence leaving her with a criminal record for domestic battery ******************************************. the record is the one thing we will do anything to avoid as this will remove any possibility of her becoming a school teacher.

Would it be beneficial for me (the victim) to try to talk to the prosecutor or DA's office?

My other idea was to make a second statement to police clarifying that at no time was I hurt or injured and no bodily harm was caused. A statement to that effect would not disagree with my original statement, it might just help to put the situation in context.

 

[Isis1]

Your wife attacked you. She needs help. You need help. This behavior is not okay. A witness saw her. You and your wife confirmed it. Lying on behalf of your wife won't save her.

To be honest, I wouldn't want this woman teaching my children.

 

[Proserpina]

Your wife attacked you. She needs help. You need help. This behavior is not okay. A witness saw her. You and your wife confirmed it. Lying on behalf of your wife won't save her.

To be honest, I wouldn't want this woman teaching my children.

I'm in agreement.

Is your wife also an immigrant? There's a reason for my question.

 

[IrishSparky]

Isis1 - what a wonderful person you must be to pass judgement on this issue with so few of the facts.

You will forgive me, I had always thought of the internet forum as a simple medium where one might ask a question they are troubled by and if lucky, get a helpful and insighful answer from a fellow contributor. How naive of me to think such a thing. It is always much more refreshing, although probably not very helpful, to have a person such as yourself make a couple of sweeping generalizations and throw in a few insults as well.

Well Isis1 thanks so much for taking the time to put me in my place. I'll make sure to think twice before contimplating perjury again although I'm not sure I actually said I was going to lie.

 

[IrishSparky]

proserpina - no my wife is a US Citizen, born and raised here. Ive answered ur question so now tell me why it was in any way related to my question?

 

[Isis1]

Retracting or changing your story is lying. Your wife attacked you. You need to deal with that. I'm not the one that made it up. You stated such a fact. And you want to get mad at me? Get mad at your wife!

Why do I know this? Cuz my ex used to do the SAME thing. It's wrong! And you letting her get away with it, is not right. Trying to protect her, isn't going to help her. It gets worse. She needs to suffer the consequences. You need to stand up for yourself.

 

[Proserpina]

proserpina - no my wife is a US Citizen, born and raised here. Ive answered ur question so now tell me why it was in any way related to my question?

There was a valid reason for my question.

If your wife was here on a visa, a domestic violence conviction could have ended up with her visa being revoked and her being deported.

Understand now?

 

[Zigner]

Isis1 - what a wonderful person you must be to pass judgement on this issue with so few of the facts.

You will forgive me, I had always thought of the internet forum as a simple medium where one might ask a question they are troubled by and if lucky, get a helpful and insighful answer from a fellow contributor. How naive of me to think such a thing. It is always much more refreshing, although probably not very helpful, to have a person such as yourself make a couple of sweeping generalizations and throw in a few insults as well.

Well Isis1 thanks so much for taking the time to put me in my place. I'll make sure to think twice before contimplating perjury again although I'm not sure I actually said I was going to lie

.

You miss the point entirely.

I, for one (as well as others apparently) don't want a person with anger issues (as YOU have depicted them) TEACHING our children.

 

[Zigner]

proserpina - no my wife is a US Citizen, born and raised here. Ive answered ur question so now tell me why it was in any way related to my question?

Please have your computer keyboard diagnosed by a local repair shop. It seems that some of your keys have ceased functioning properly.

 

[WittyUserName]

Whoa! Hold up, Sparky.

Just because you got an answer you don't like, doesn't mean you should jump all over the senior posters. No one here knows you. A judge won't either. They can't tell if you are Mother Theresa with a brogue or if you spend your free time scrubbing your shower walls with a live kitten in each hand. They go by the facts of the case.

Wife screwed up and committed battery. Now you want to know how to get her out of it - but since she did it, there's no magic "undo" button. Now she has to deal with the consequences. So you have your legal advice - go talk about a plea. Or hire an attorney.

 

[Proserpina]

Whoa! Hold up, Sparky.

Just because you got an answer you don't like, doesn't mean you should jump all over the senior posters. No one here knows you. A judge won't either. They can't tell if you are Mother Theresa with a brogue or if you spend your free time scrubbing your shower walls with a live kitten in each hand. They go by the facts of the case.

Wife screwed up and committed battery. Now you want to know how to get her out of it - but since she did it, there's no magic "undo" button. Now she has to deal with the consequences. So you have your legal advice - go talk about a plea. Or hire an attorney.

Monitor, meet coffee.

I shall bill you for the tissues needed to wipe up the mess.

 

[Isis1]

I'm pretty sure the "live kitten" method isn't part of flylady's repertoire...

I just might bring that up!!

 

[WittyUserName]

Well, it was the meanest thing I could think of offhand.

Don't try this at home, folks.