Domestic Battery first offense in WV; please help!

[ladyamos]

What is the name of your state (only U.S. law)? West Virginia

Last Monday I was highly intoxicated and my ex partner (we are both males and still live together) came home and I basically trashed the apartment--I did not destroy anything of value mostly just knocked things over. So (I remember little to none of this) he threatens to call the police and when he does call them I apparently scratch him and bite him on the shoulder. The police show up and arrest me for domestic violence.

I was booked and spent the night in jail--the next day I have my arraignment and my bond is set for 2500; my aunt bailed me out with the help of a bail bondsman. I was charged with "Domestic Battery".

I have since talked to my ex and he doesn't want to press charges, I did receive a letter in the mail today that says the pre trial is set for October 16th; it also says its the State of West Virginia against me. I was recently laid off and am receiving unemployment benefits--my unemployment benefits are more than what is allowed to get a court appointed attorney...I spoke with an attorney today and he wants 2500 to take my case...there's no way I can afford that...looks like I'll have to represent myself...I'm a full time student and really do not want to go back to jail...what can I do? I think I will have to represent myself. Any advice is appreciated.

 

[ladyamos]

left this out

I have no prior criminal history

 

[Ohiogal]

What is the name of your state (only U.S. law)? West Virginia

Last Monday I was highly intoxicated and my ex partner (we are both males and still live together) came home and I basically trashed the apartment--I did not destroy anything of value mostly just knocked things over. So (I remember little to none of this) he threatens to call the police and when he does call them I apparently scratch him and bite him on the shoulder. The police show up and arrest me for domestic violence.

I was booked and spent the night in jail--the next day I have my arraignment and my bond is set for 2500; my aunt bailed me out with the help of a bail bondsman. I was charged with "Domestic Battery".

I have since talked to my ex and he doesn't want to press charges, I did receive a letter in the mail today that says the pre trial is set for October 16th; it also says its the State of West Virginia against me. I was recently laid off and am receiving unemployment benefits--my unemployment benefits are more than what is allowed to get a court appointed attorney...I spoke with an attorney today and he wants 2500 to take my case...there's no way I can afford that...looks like I'll have to represent myself...I'm a full time student and really do not want to go back to jail...what can I do? I think I will have to represent myself. Any advice is appreciated.

Most likely you will be found guilty. There will be a restraining order placed against you and you will have to take domestic violence classes and serve a period of time on probation. Depending on what your major is you may find you no longer qualify for that type of job. Some advice: quit drinking.

 

[st-kitts]

What is the name of your state (only U.S. law)? West Virginia
Last Monday I was highly intoxicated and my ex partner (we are both males and still live together) came home and I basically trashed the apartment--I did not destroy anything of value mostly just knocked things over.So (I remember little to none of this) he threatens to call the police and when he does call them I apparently scratch him and bite him on the shoulder. The police show up and arrest me for domestic violence.

You were arrested for DV because by your own statements, you committed DV.

I was booked and spent the night in jail--the next day I have my arraignment and my bond is set for 2500; my aunt bailed me out with the help of a bail bondsman. I was charged with "Domestic Battery".
I have since talked to my ex and he doesn't want to press charges, I did receive a letter in the mail today that says the pre trial is set for October 16th; it also says its the State of West Virginia against me.

For some crimes the victim has to press charges for the state to prosecute. DV is not one of those crimes. For years, up until the 90s in many places, DV victims had to press charges and the state did not automatically pick up the case. The states learned that most partners refused to cooperate, declined to press charges, and recanted their initial statements to police. Left to the victim, very few people were prosecuted.

The problem with that model, as states learned, was that DV is an escalating crime. Cases that had started off minor, became cyclical and progressed to more and more serious violence. In too many cases, death was the ultimate end. This lead to "no drop" policies and eliminated the victim�s ability to stop the case from prosecuting when there is enough other evidence to proceed with a case. It has resulted in many cases being prosecuted where the victim is a hostile witness.

So, depending on the evidence gathered at the scene (photos of the house, your partner) your partner's desire not to proceed in the case may not stop it from proceeding. Since your behavior was out of control, you might consider enrolling in a batterer's intervention program.

Finally, are you sure that there wasn't a no contact order placed on you preventing you from contacting your partner as a condition of your bond? Violating a no contact order is a separate crime for which you could be prosecuted.

I was recently laid off and am receiving unemployment benefits--my unemployment benefits are more than what is allowed to get a court appointed attorney...I spoke with an attorney today and he wants 2500 to take my case...there's no way I can afford that...looks like I'll have to represent myself...I'm a full time student and really do not want to go back to jail...what can I do? I think I will have to represent myself. Any advice is appreciated.

Based on your own statements, you are guilty of DV. That said, when charged with a crime, you have the right to plead not guilty and force the state to make their case against you. An attorney would certainly help whatever chances you have for a desirable outcome.

You might look for an attorney that will agree to a payment plan or one that takes credit cards. While jail time might not be the likely outcome of a conviction, do you really want to spend all the money to go to college and come out with both a degree and a criminal record? There is stiff competition for jobs and while the damage a conviction might have on your career prospects is an unknown, it is never a resume booster.

 

[ladyamos]

Hello,

Thank you for your replies. I have been slow about getting back on here, but your input has been appreciated. I am majoring in Nursing and will graduate in May; I imagine having a violent crime on my record would cause me issues with obtaining employment and possibly even getting licensed. I have not been drinking lately and I am going to start going to AA classes. I don’t deny committing Domestic Battery; I was completely out of control and my actions were unacceptable.

I have since hired an attorney and for whatever reason he has requested that I have a jury trial? When he ran this by me I told him I wouldn’t really feel comfortable with a jury trial seeing that I am guilty of the crime and I’d have to plead guilty; but he went ahead and requested a jury trial anyway. My pretrial is on October, 16th. Is there a reason he would request a jury trial? Because I told him there was evidence that I did commit the crime; I’m positive the police took photos.

I definitely do not want any charges following me around for the rest of my life. I was really intoxicated and I had my feelings hurt really bad and totally went off the deep end. It was very out of character for me. My partner and I are no longer “together” but he has sent me an email stating that he would testify on my behalf (he’s a clinical psychologist) stating that this was a one-time thing and very out of character for me. I’m too afraid to reply to the email because my lawyer said to have no communication with him. Any thoughts?

Thanks so much.

 

[stealth2]

Hello,

Thank you for your replies. I have been slow about getting back on here, but your input has been appreciated. I am majoring in Nursing and will graduate in May; I imagine having a violent crime on my record would cause me issues with obtaining employment and possibly even getting licensed. I have not been drinking lately and I am going to start going to AA classes. I don’t deny committing Domestic Battery; I was completely out of control and my actions were unacceptable.

I have since hired an attorney and for whatever reason he has requested that I have a jury trial? When he ran this by me I told him I wouldn’t really feel comfortable with a jury trial seeing that I am guilty of the crime and I’d have to plead guilty; but he went ahead and requested a jury trial anyway. My pretrial is on October, 16th. Is there a reason he would request a jury trial? Because I told him there was evidence that I did commit the crime; I’m positive the police took photos.

I definitely do not want any charges following me around for the rest of my life. I was really intoxicated and I had my feelings hurt really bad and totally went off the deep end. It was very out of character for me. My partner and I are no longer “together” but he has sent me an email stating that he would testify on my behalf (he’s a clinical psychologist) stating that this was a one-time thing and very out of character for me. I’m too afraid to reply to the email because my lawyer said to have no communication with him. Any thoughts?

Thanks so much.

Listen to your lawyer.