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My husband is the victum and they are trying to prosicute him Please help Utah

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  • My husband is the victum and they are trying to prosicute him Please help Utah

    Hi,my husband is being charged with domestic violence, but this is the thing and well it dont look good one me but i was the one that was violent no him...

    I was on a percribed drug called xanax and i got startled and i jumped up and pushed him and when he embraced me i bit him on his arm and well i remember bits and pieces of the fight but not the whole thing a friend was here and she called the local sheriffs and they came right down they talked to both me and my husband in which we both said we do not want to press charges against the other they took pics of my husbands arm and asked him if he could go stay at a friends house that night in which he did... Now they had a sheriff follow my husband 30 some miles to the county line. But neither of us wrote a statement or anything..

    well i went to court and i plead guilty to the charges i was given simple assault a fine some days in jail suspended and court appointed probation. a week after i was in court they came to our house again and they severed my husband with court papers for the same thing they originally wanted to get me for. But my husband didnt do anything all he did was try to came me down cause of the state of mind i was in... i dont know what to do to help my husband at this point we are by far not rich so i cant afford a team of lawyers to help him but i dont see where there is justice when they are prosecuting the victim...

    a friend of mine is a first year law student in AZ and she looked up info for me about my case after she found out what was going on and in the info that she found it said that because i was reacting off a drug induced state of mined (yes they are given to me by my doctor) that they should not have been able to prosecute me? dose that mean they dont have a case against my husband? any help in this would be great this was all my fault and i dont want my husband to go though this because of me please I beg of you Help us.

    Michele

  • #2
    Originally posted by MichelePotter View Post
    Hi,my husband is being charged with domestic violence, but this is the thing and well it dont look good one me but i was the one that was violent no him...

    I was on a percribed drug called xanax and i got startled and i jumped up and pushed him and when he embraced me i bit him on his arm and well i remember bits and pieces of the fight but not the whole thing a friend was here and she called the local sheriffs and they came right down they talked to both me and my husband in which we both said we do not want to press charges against the other they took pics of my husbands arm and asked him if he could go stay at a friends house that night in which he did... Now they had a sheriff follow my husband 30 some miles to the county line. But neither of us wrote a statement or anything..

    well i went to court and i plead guilty to the charges i was given simple assault a fine some days in jail suspended and court appointed probation. a week after i was in court they came to our house again and they severed my husband with court papers for the same thing they originally wanted to get me for. But my husband didnt do anything all he did was try to came me down cause of the state of mind i was in... i dont know what to do to help my husband at this point we are by far not rich so i cant afford a team of lawyers to help him but i dont see where there is justice when they are prosecuting the victim...

    a friend of mine is a first year law student in AZ and she looked up info for me about my case after she found out what was going on and in the info that she found it said that because i was reacting off a drug induced state of mined (yes they are given to me by my doctor) that they should not have been able to prosecute me? dose that mean they dont have a case against my husband? any help in this would be great this was all my fault and i dont want my husband to go though this because of me please I beg of you Help us.

    Michele


    Your friend needs to stay in school a few more years.

    The State can absolutely go ahead and prosecute even if you're under the influence of a prescribed substance; that would be a point your defense attorney could/should have raised to mitigate the situation. It also has nothing to do with your husband's case.

    What exactly is your husband being charged with?

    Comment


    • #3
      Charges

      The summons that we got says Domestic Violence a class b Misdemeanor.

      But he didnt touch me other than to "hug" me. So that is what i dont understand is how can he be charged for "hugging" me?

      Comment


      • #4
        Originally posted by MichelePotter View Post
        The summons that we got says Domestic Violence a class b Misdemeanor.

        But he didnt touch me other than to "hug" me. So that is what i dont understand is how can he be charged for "hugging" me?

        Apparently the cops believed he was wrongfully restraining you - not hugging you.

        Do your best to get your husband an attorney. He may be able to plea this down or get it dismissed.

        Comment


        • #5
          Plea down to what?

          we are talking to a lawyer and right now trying to come up with the deposit for the him but what is the best and worst he can get out of this? if the da wont plea is it worth takeing it to trial?

          Comment


          • #6
            See what the lawyer says/thinks.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Why take a plea if he didn't do it?
              If your husband want to do a plea, then that's your husband's call.
              If it goes to trial, be a witness for him and tell it like you said here.
              I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
              Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
              I also may not have been either sane or sober when I wrote it down.
              Don't worry, be happy.

              http://www.rcfp.org/taping/index.html is a good resource!

              Comment

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