I lied...please help!!

[Zigner]

I believe you've received all the answers you're going to receive on this forum. You would rather argue that your "man" <spit> is a wonderful man, then to realize the danger you are putting yourself in, as well as the psychological harm you are causing to your children.

Good luck.

 

[neopandora]

OP- your post in this thread claims he is your husband, the duplicate thread claims he is your fiance. Not to sound harsh, but if you cannot even be honest with a message board, you are going to have a much harder time, even with a thousand affidavits, getting this dismissed.

I'm going to assume that you are not married to this man because I've never heard someone refer to their husband as a fiance, but I've heard plenty describe it the other way around.

Non-legal advice: If you are not married to a man who has choked you in the past, and currently, cheated on you and you were afraid of physical violence enough to call the police, you need to run, don't walk, away from this man as fast as you can go.

Take it from someone who has been in an abusive marriage previously and now in a good marriage, that whole "every relationship has it's problems" spiel is just a way to make you feel better and justify staying with someone who is not good for you and does you harm. Working out problems and making it work costs way too much if the price you are paying is in fear, safety and blood. You are worth so much more than that.

On the legal side, as you have already been told, recanting puts you at risk of criminal charges of your own for filing false reports/false statements, etc. I would speak with an attorney - as in private counsel for you - before I would do anything to put myself at risk of arrest.

Next, the officers that were there can still testify to whatever they saw if there were any marks on you, whatever he admitted or implied, etc. Simply recanting may not be enough to stop a conviction.

And, the parole violation - that will be up to his parole/probation officer as to whether or not to dismiss. There's a lot of language that was signed and agreed to that the officer might still proceed on. It will be dependent on the probation officer and your fiance/husband's record with him on probation. If he hasn't paid his costs, fines, probation fees and done everything asked of him, the violation may include other areas and may not be dropped anyway.

Also, I highly doubt there's a quick fix to all of this. Even if you can recant and could somehow get a Judge to dismiss the new charge, you would still have to get the probation violation dropped (who knows if it's even the same Judge) before he could be released. He's rather likely to have a bond hearing long before everything else could be completed.

Bottom line: If you still insist on trying to help him in this situation, about all you can do to get him out is pay for an attorney for him to handle all these issues.

 

[Proserpina]

OP - if you stay with this man, you may well end up losing your children.

 

[st-kitts]

1. Does a signed affadavit admitting I lied releases him immediately? If not, how long does it take?

No. He might not be released. In fact, I would wager, if I were a betting woman, that doing this would not result in his release. He may be found in violation of the terms of his probation EVEN if there is no conviction for this new offense depending on the circumstances and conditions of his probation... In a probation revocation hearing the State must only prove the Probationer is in violation of his or her probation &#8220;by a preponderance of the evidence.&#8221; It is also important to understand that he is not entitled to a jury trial for the probation violation. Your husband may find himself serving his original sentence or a portion thereof if he is violated, and even a technical violation could cause him to spend several years behind bars

2. Where do I go to sign this form?

That I am aware of, there is no such form in the state of Georgia. If you pursue this course of action, I think one of two things might happen, neither of which involve your husband being released. The first thing that I think might happen is that no one believes you and ignores all your pleas. The second thing is the police might decide to call your bluff and charge you for lying and arrest you and take you to join your spouse. In jail. You might want to have some childcare lined up when you go plead with the DA and police so that your kids aren&#8217;t immediately placed in foster care if they do decide to charge you.

If you cannot afford one good attorney for your husband how, I would really question how you will afford an attorney for yourself and him. And possibly more legal representation to deal with CPS when they take your kids.

You are taking a bad situation and managing to make it much worse. Please consider the advice you have been given.

 

[needtoknow37]

No. He might not be released. In fact, I would wager, if I were a betting woman, that doing this would not result in his release. He may be found in violation of the terms of his probation EVEN if there is no conviction for this new offense depending on the circumstances and conditions of his probation... In a probation revocation hearing the State must only prove the Probationer is in violation of his or her probation “by a preponderance of the evidence.” It is also important to understand that he is not entitled to a jury trial for the probation violation. Your husband may find himself serving his original sentence or a portion thereof if he is violated, and even a technical violation could cause him to spend several years behind bars



That I am aware of, there is no such form in the state of Georgia. If you pursue this course of action, I think one of two things might happen, neither of which involve your husband being released. The first thing that I think might happen is that no one believes you and ignores all your pleas. The second thing is the police might decide to call your bluff and charge you for lying and arrest you and take you to join your spouse. In jail. You might want to have some childcare lined up when you go plead with the DA and police so that your kids aren’t immediately placed in foster care if they do decide to charge you.

If you cannot afford one good attorney for your husband how, I would really question how you will afford an attorney for yourself and him. And possibly more legal representation to deal with CPS when they take your kids.

You are taking a bad situation and managing to make it much worse. Please consider the advice you have been given.

We retained a lawyer today to handle this case alone and yes, there is an affidavit that can be filled out and filed with the Solicitor's office. Thanks for all of you guys advice.

 

[Proserpina]

You honestly need to expect a visit from child services.

I don't think you understand the gravity of your situation - at all.

 

[dave33]

Note taken.

So because it's happened in the past, he deserves to go to jail on false accusations? It didnt happend this time and hasnt in years. I'm trying to figure out what can be done to right this wrong.

Who cares what anyone else thinks or believes. You know the right thing to do. Now, that being said, common sense would dictate to protect yourself as much as possible. An attorney is needed. You cannot do this alone.

You are going to annoy alot of the wrong people. You will be extremely vulnerable and god knows what the states reaction will be if you tell them the truth. Although you would think the prosecutor would be happy to correct an injustice, that's not how he will feel. Who knows, they may even discuss possible jail time for you. It is also possible they try to convince you that you are confused. Stay strong. goodluck.