Another False Accusation

[deeplyworried]

What is the name of your state? North Dakota

Recently my wife and I got into an arguement. I was on my computer and she shut the power off twice, and I continued to ask her to leave me alone. She threw all the dvds off the rack that holds them in her emotional fury. At this point I stood up and yelled for her to her out, and she stormed out of the room. I closed the door, and she started pounding on the door. She then tried to step back, and tripped over her slippers, grabbing for a new curtain rod that was leaning against the wall in the hallway. It fell, hitting her in the tooth causing it to come out. She was 8 months pregnant, and she called 911 to get medical attention to mak sure the baby was ok. I approached her to ask if she was ok, and she hung up the phone and began yelling at me again. She then closed the door, and called 911 again. She did not say anything on the 911 call about abuse. The police arrived, examining the apartment. They interviewed us both, and I told them that I had closed the door and she fell. I did not submit a written statement. They interviewed my wife, then they let the medics in to take her away. They took pictures of the fallen dvds, her tooth (she had no other damage to her body, no bruises or damage around her mouth), and my hands due to a minor quarter of an inch scratch on the side of my hand. She did not submit a written statement either. She gave me a hug, and left. They took me to jail, and I spent the night there. At my bond hearing, they gave me a NO CONTACT order, but I was allowed to see my wife at the hospital and contact by phone incase she went into labor. Here is the time I was first made aware of the false statements. When making a statement to the judge, I asked for a lienient bail because nothing had happened before in the 5 years we had been together. The prosecutor then jumped in saying that a statement was made that abuse HAD happened before, and she had said that I punched her and choked her. Shortly after, my wife came and bailed me out. I was not allowed to be around her, so I walked to my car and called her. She said that she had not told them that, and that the Sargeant was trying to influence her to make a statement that would claim my guilt of abuse. At the hospital, he approached her a second time attempting to coax her into a written statement, and she denied. He then said "Just for my personal reasons, why are you protecting him?" I have ordered a copy of my file from the State Attorney, and the police report from both of the officers says that she said I punched her and choked her. It does not contain any conversations between my wife and the officers, only that she said I had hit her. Now I have my first meeting with my court appointed attorney on April 9th, preliminary on the 14, and arraignment on the 16. MY WIFE IS DUE ON THE 10TH! She says with will testify to what actually happened. She submitted a note to the judge asking for the revokation of the NO CONTACT, but she hasnt recieved a response. She doesn't know anyone around here and noone is living with her, and she could have the baby any day.

Questions:

Do you think the state has a case?

Is the police officers FALSE statement enough to convict?

How far do you think the State Attorney will carry the case? (Possibly dropped at prelim?)

What can I do to help myself?

What can she do to help me?

It is a class C Felony. What does this mean? Will I never get a job in my field if convicted? When is it taken off my record?

Can we take legal action for the officers denying her medical attention while they interrogated us?




Both my wife and I are scared to death, we have a son on the way and I could possibly be put into prison. I'm a 3.9 GPA student who thought I might have a successful future for myself and our family, and I feel as though this could ruin it all.



Thank you for any replies, good or bad.

 

[CdwJava]

She then tried to step back, and tripped over her slippers, grabbing for a new curtain rod that was leaning against the wall in the hallway. It fell, hitting her in the tooth causing it to come out.

Okay, THIS tale is going to be hard to swallow. I doubt the cops bought it, and a jury is going to be just as skeptical.

They took pictures of the fallen dvds, her tooth (she had no other damage to her body, no bruises or damage around her mouth), and my hands due to a minor quarter of an inch scratch on the side of my hand.

Which they could reasonably assume was inflicted during a fight - perhaps during an assault upon your wife.

She did not submit a written statement either.

Not required by either of you.

The prosecutor then jumped in saying that a statement was made that abuse HAD happened before, and she had said that I punched her and choked her.

Okay.

Shortly after, my wife came and bailed me out.

No surprise there. This usually happens in DV cases.

I was not allowed to be around her, so I walked to my car and called her.

I thought it was a "no contact" order. I suspect that calling her violates the order ... unless ND issues some odd ones when compared to the rest of the nation. This conversation certainly was not about the impending birth of your child.

She said that she had not told them that, and that the Sargeant was trying to influence her to make a statement that would claim my guilt of abuse. At the hospital, he approached her a second time attempting to coax her into a written statement, and she denied.

Why should she admit to you what she said? If she truly is being abused, she's scared and is likely not going to tell the truth to you. Besides, with all these contacts with the police, she may well have said something similar to this - maybe in the heat of anger, or in a flash of truth. We can't say.

He then said "Just for my personal reasons, why are you protecting him?"

Another typical question. Since some 75% of victims of DV will recant or defend their abuser within 48 hours (and about 85% by trial), and many victims will risk jail for perjury or making a false report to protect their abuser, this method of questioning can be appropriate.

I have ordered a copy of my file from the State Attorney, and the police report from both of the officers says that she said I punched her and choked her. It does not contain any conversations between my wife and the officers, only that she said I had hit her.

Apparently the DA was mistaken when he made his statement in court regarding your bail. Whether there is anything that can be done about that, I can't say. perhaps you can go back and re-visit the bail issue if that will allow you to get some money back.

She submitted a note to the judge asking for the revokation of the NO CONTACT, but she hasnt recieved a response.

She probably won't - that's an ex parte communication and the court is generally not allowed to consider that in private. She will have to pursue the matter formally. And, it is very doubtful the order will be lifted prior to trial.

Do you think the state has a case?

Maybe ... maybe not. It depends on what statements the officers had, and who testifies to what at trial.

Is the police officers FALSE statement enough to convict?

You mean, is the officer's report of what your wife told them enough to convict? probably not. But, if she gets on the stand and denies saying that, she will likely be confronted with her apparent contradictory statement to officers.

How far do you think the State Attorney will carry the case? (Possibly dropped at prelim?)

No one can say for sure. Keep in mind that they expect the victim to go sideways on them - they usually do. Depending on the law in ND and the policy of the prosecutor's office, they may pursue it to the very end.

What can I do to help myself?

Listen to your attorney, obey the 'no contact order', and if there is an alcohol or anger management problem - get help now. When the infant comes, all new charges get tacked on when children are around.

What can she do to help me?

Tell the truth on the stand - that's all she can do.

It is a class C Felony. What does this mean? Will I never get a job in my field if convicted? When is it taken off my record?

If you are not convicted, then you will not have a conviction on your record.

Can we take legal action for the officers denying her medical attention while they interrogated us?

No. Unless she can show that there was some damage that occurred that would not have occurred had they immediately loaded her on an ambulance, there's no viable claim there. A chipped tooth is hardly life threatening, and apparently the baby is unharmed. And how long was the delay? Perhaps half an hour or so? If even that? You can certainly consult a civil attorney, but no damages often means no case.


- Carl