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  1. #1
    Join Date
    Oct 2006

    Unhappy Pleading down charges

    What is the name of your state? Montana

    My husband and I got into a physical dispute. This has never happened before in our relationship; nor has it in his previous marriage. I contacted the local police department to have him removed from our house. They charged him with domestic violence since I wasn't going to press any charges. He did no damage to me physically except for an ear beating. We pushed each other but no actual swings were taken. I was more emotionally upset about the situation than anything else. The police officer assumed he had given me a bloody nose, which is completely not true. I have sinus problems and get a nosebleed at the drop of a hat. It's the dry heat and not my husband beating me. If my husband had hit me in the nose I would have had blood everywhere else besides a tiny bit inside my kleenex.

    My husband is in a very high political position and this has leaked to a local newspaper. They printed everything but the actual police report since they had to get permission from him to get a copy. Is there anyway he can plead it down to something else or get it dismissed? His political status is what is carrying this case to the full extent. We need help!

  2. #2
    Join Date
    May 2002
    I'd suggest he hire a lawyer.

  3. #3
    Join Date
    Apr 2004
    Bay Area, CA
    Ditto Stealth, and stop wasting the police departments time if you intend to stay with the abuser.

  4. #4
    Join Date
    Oct 2006
    Northfield, Minnesota
    There will be every opportunity for the charges to be reduced or dismissed here, particularly if your statement has remained consistent. "Just pushing" is a crime. There don't need to be swings for domestic assault--there doesn't need to be any physical contact at all!

    The matter is one of public record. This means that anyone can walk into court and look at the file and everything in it that is not confidential. In my state, the police report would be public record as well. So, although there might not end up being a conviction due to an alternate disposition, the disposition and everything that happens in court is public record. And in order to take advantage of a good plea offer, he may have to suck it up and publically admit he's abusive. He might have to enter into a plea agreement on the record, in court, in a public hearing, at which time he may have to admit certain facts to take advantage of the plea. Be prepared for more public interest.

    Once you pick up the phone and call the police to report a crime the matter becomes public and you will have very little control over the outcome. Now it's in the State's hands. Also, it's probably not his political status "carrying this case to its full extent". Generally, domestic abuse is taken pretty seriously by prosecutors, due to the nature of the crime. Whether you're rich or poor, known or unknown, the case will be taken seriously.

    Good luck.

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