Dealing with domestic violence charges and gun laws

[Rusty]

So here I sit faceing a domestic violence and the DA won’t budge on removing it. Looks like we are going to trial. But my lawyer had an idea. My wife and son already made statements that they would have to back track on. He says they are gonna ask are you lying now or were you then. It would be hard to get the jury to believe them back tracking.

He said we could offer a plea deal where I would admit to being loud and boisterous but not to being abusive or violent. And still have the domestic charges against me but not to abuse or violence.

He said then I would possibly be able to still own and buy guns because there would be no admission to violence or abuse on the charge even though the domestic violence charge was still on record.

Your thoughts @herrubermensch or anyone else knowledgeable in this.

 

[Bigmurph6]

Nope not where I am domestic violence and no guns ever but im definitely not a lawyer brother

 

[Bigmurph6]

I can say that if there going to charge you without witnesses good luck unless they have confession recorded statements. Then you need to be prepared for a really hard time im sorry I don’t have better news but its a really bad charge to fight in court because the police have it down pat on how to make sure that they can prosecute which is fucked up and against rights in my opinion.

I hope that something in your situation can make things easy for you brother

 

[JLee]

In my state your going to get something because in domestic violence cases more often then not the victim always changes their story. So the police evidence and statements given at the time will be used. So even if they change their story it won’t much but you may get lesser charges and more probation. With that being said you will probably still loose your right to carry. Expect the worse and hope for the best.

 

[Rusty]

Ya I wonder if I’m better off taking the plea deal and avoiding trial. @Bigmurph @JLee thanks for your input. I just afraid if I go to trial and things dont go my way then they may max out jail and I’ll be in the clink or at home jail for six months instead of one month.

 

[NeuroRN]

I think expect the worst, hope for the best is the best way forward here. You got some good advice in the idea to go ahead and PCT and don’t expect to get trt if you have to do time. Better to try to get some sort of natural production going now, and it work out to where you didn’t need to. Sorry bud.

 

[Poppy]

You’re in a pickle brother. I got nothing

 

[herrubermensch]

A deal is always preferable if one can be negotiated on acceptable terms because it provides certainty of outcome. Litigation is an inherently unpredictable process. It almost never goes as either side expects. I have had juries that issued verdicts leaving opposing counsel me and the judge all equally perplexed. So I avoid juries like the plague if at all possible.

That said, a jury may have a lot of sympathy for a wife and son who get on the stand and plead on your behalf. A jury is unlikely to believe that they are lying now, especially if they testify that they were upset and emotional when their previous statements were made and that you have been a model husband and father since and that this was out of character for you. Jurors are regular people and have sympathy. And your attorney needs to make the argument about what good is to come of it if you and your family are separated as a result of jail time. How does that foster your rehabilitation or facilitate a closer and more successful family unit? Your attorney needs to make it clear that this is just a case of an overzealous DA trying to play tough to make a name for himself and is NOT taking into account what is best for you and your family. That is also an argument your attorney should use in trying to elicit the DA’s support for the compromise deal. Just a few thoughts.

 

[Bigmurph6]

A trial is rolling the dice depending upon the evidence and attorney if he says he can’t win listen to him you can actually file an appeal and then do a trial if you don’t like the outcome???

Just a option but I would take your attorneys advice go for a withheld adjudication

This won’t help in life but it does help on paper I would make this a definite part of any plea deal.

If you feel strongly enough and believe that you have a good judge who is understanding you can make an open plea to the judge for leanyncy but its another roll of the dice like with a jury.

 

[Bigmurph6]

I fucking love you brother lol I should have been an attorney

 

[herrubermensch]

Right back at ya, big guy.

 

[Bigmurph6]

I have a bad feeling one day I will have to contact you but I pray that day never comes even possibly for a referral

 

[herrubermensch]

I always find a way to take care of my friends.

 

[Bigmurph6]

Good man much respect

 

[Kad1]

You are definitely between a rock and a rock! My understanding is a domestic is a domestic with or without violence still a felony. But I’m just a half a meatball fireman. Wish I could be more helpful

 

[John]

Sorry @Rusty I got nothing to help.

 

[Rusty]

Appreciate all your input brother. Will discuss with my attorney. I’m trying to hire a good local attorney but they seem to be to busy and the trial date is only next week. This sucks.

 

[Bigmurph6]

Put in for a motion for another court date to get proper defense in place.
The judge should give you more time if you say that your attorney isn’t defending you and you would like to find another to represent you

 

[Rusty]

I will try.

Thanks

 

[woodwalker1889]

If you haven’t said much i wouldn’t plea. If they back track the story could be dismissed. I’d go before a judge fuck a trial. Trials are never in your favor. Just a bunch of people who were forced to be there willing to go anyway just to leave. But I don’t know the exact situation so may be hard to go that route best of luck.