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Can I or my girlfriend have my charges dismissed against me?

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Location: Clinton  |  Law type: Criminal defense attorney
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Me and my girlfriend. We're at the bar one night. Got into an argument in the parking lot. It was just me and her. I tried to get her in the car to come home. And in her drunken state. And mad. She called the law. She made a big scene. And said I pushed her down. I went to jail. For domestic violence. Apparently, there was an order to protect. She came the next day. Bonded me out of jail. Brought me back home, which is I live with her. And three weeks after that. Had me arrested again for violating the protection order. Then bonded me out of jail again after a week. And now I'm back here with we are trying to go through anger management classes. In couples counseling. Before court. There's supposed to be a court date on December the 5th. To come before the grand jury. What do I do? Can we have the charges dismissed because she doesn't want to press charges? The DA. Has already came to me. With a plea agreement. 11 months, 29 days' time serves. And to be ranked current. Six years. Probation.

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1 day 3 hours ago, Criminal defense attorney, Michigan City
A professional and positive wide close-up image reflecting a criminal defense scenario in a law firm. The scene includes a well-organized, modern office with legal books, a laptop displaying legal research, and a desk with case files neatly arranged. The color scheme should be realistic, with a blend of warm and cool tones creating a welcoming atmosphere. In the background, a sunlit window reveals a cityscape, symbolizing hope and resolution. The focus is on the details that represent legal professionalism CRD violation, (curfew violation first time)
1 week 1 day ago, Criminal defense attorney, Orlando

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Clinton. If the response is inadequate, please submit a detailed inquiry.

Legal Implications of Domestic Incidents and Protective Order Violations

From your description, it sounds like you've been involved in multiple incidents of domestic disputes, protective order violations, and interactions with the criminal justice system in Clinton. The situation is multi-layered, encompassing issues of domestic violence, alleged protective order violations, and potential plea agreements. Here are the key elements:

Relevant Laws and Resources

  • Domestic Violence Laws: These laws are established to protect individuals from physical harm or threats from a current or former intimate partner.
  • Protection Orders: Courts can issue these to protect one person from another. A violation can lead to additional legal consequences.
  • Plea Agreements: These are deals that defendants can accept to resolve their cases without going to trial.

For a comprehensive overview of the specific laws and regulations in your jurisdiction, visit the official government website of Clinton. However, for specific statutes and laws related to your case, it's crucial to consult with a criminal defense lawyer.

Potential Solutions

Given the complexities of your situation, here are some steps to consider:

  1. Consult with an Attorney: Before making any decisions, it's imperative to speak with a criminal defense lawyer who can provide guidance specific to your case.
  2. Refrain from Violating Orders: It's crucial to avoid any actions that could violate protective orders, as this can exacerbate your legal troubles.
  3. Explore Plea Agreement: Since the DA has offered a plea agreement, you might want to consider its terms. However, make this decision with the advice of an attorney.
  4. Reconciliation Efforts: Your endeavors to attend anger management and couples counseling might be viewed favorably by the court. Keep documentation of these efforts.
  5. Victim's Stance: While the victim's desire not to press charges can influence the prosecutor's decisions, it doesn't guarantee a dismissal. Prosecutors can proceed based on evidence, regardless of a victim's wishes.

Average Legal Fees in Clinton

Service Average Price
Initial consultation with an attorney $150 - $250
Representation for domestic violence case $1,500 - $5,000
Representation for protective order case $1,000 - $3,000
Plea agreement negotiations $700 - $1,500
Anger management courses $200 - $500
Couples counseling sessions $80 - $200/session

Note: The above are average prices and can vary depending on the complexity of the case, the lawyer's experience, and other factors.

Clarification and Next Steps

Your situation is intricate and requires expert legal insight. It would be wise to find the right lawyer specializing in domestic violence cases in Clinton to get a clearer understanding of the best way forward.

Relevant Questions to Consider:

  • Have you previously been involved in any other legal matters related to domestic violence or protective orders?
  • Were there any witnesses during the altercation at the bar, apart from your girlfriend?
  • Do you have documentation or proof of attending anger management classes and couples counseling?

Q1: Can charges be dropped if the victim no longer wishes to press charges?

In many cases, the decision to pursue charges lies with the prosecutor, not the victim. Even if a victim withdraws their complaint, the prosecutor may proceed if they believe there's sufficient evidence.

Q2: What are the potential consequences of violating a protective order?

Violating a protective order can lead to fines, jail time, and other legal consequences. The severity often depends on the jurisdiction and the specifics of the violation.

Q3: How do plea agreements work?

A plea agreement is a negotiated deal between the defendant and the prosecutor where the defendant agrees to plead guilty to a specific charge in return for concessions from the prosecutor, such as reduced charges or a lighter sentence.

Q4: Does attending counseling or therapy impact the court's decision?

While attending counseling or therapy doesn't guarantee a favorable outcome, it can be viewed positively as an effort to address underlying issues and may influence a judge's or prosecutor's decision.

Q5: What should I consider before accepting a plea agreement?

Before accepting any plea, it's essential to understand the implications, including potential jail time, fines, and the long-term impact on your criminal record. Always consult with an attorney to weigh the pros and cons.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Can I or my girlfriend have my charges dismissed against me?" has been changed 2 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Clinton & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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