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What to do???

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  • What to do???

    My husband is incarcerated for domestic abuse against me. He is facing 16 years. I do not want anything to do with sending him to prison as we have just found out that a medication he has been on for over 20years may be a factor in his outburst of anger and distorted thinking. He has taken himself off of a highly addictive medication Navane, and clonopin. Do I have to testify against him? They have pictures of the bruises and a statement from me. Is that enough.. What are my rights as a victim. Can I plead the 5th amendment? They are supeonaing me to court or at least have in the past. I do not have an attorney furnished for me other than the prosecutor who is out for blood and bias as she is wanting to win this case. I don't know who I can trust. My husband has an attorney but he cannot give me advice without jeopardizing his ethical obligations. Can you Help!!! My husband received disability for his mental illness 10 years ago and received an honorable discharge from the military back in the 80's due to his illness. Iam having trouble finding a doctor to put on paper that this medicaiton can cause violent outburst and should not be prescribed together . No one wants to get involved in the court room procedure.

  • #2
    You and he should be able to claim spousal privilege, so you do not have to testify against the other, but if there are pictures then a case can be made without your testimony if there is the officer on the scene there to testify that he or she saw the bruises, and/or the person taking the picture too , though both are needed to make a solid case.
    You also may want to do some investigation into the pharmaceuticals as they could be a basis for a defense of diminished capacity, incapacity, or not guilty by reason of temporary insanity induced by these pharmaceuticals.
    If you cannot get an attorney, ensure your husband gets a public defender or court appointed attorney to put up a strong defense.


    • #3
      thanks for the information

      My husband has a public defender but he is not doing anything on the case at this point. I am having trouble getting a doctor to write a letter or get involved in the case unforturnantly many simply don't want to bother. I work for the Dept. of Corrections here in Arkansas, ironic hugh. I have printouts from the internet on the side effects of the medications my husband used. I can tell that we are going to have to do alot of the researcha dan evidence gathering to put this case together. I am calling a doctor that my husband saw before he came off his meds and will ask for her help. I don't anticipate she will help because she overturned the involuntary committment that the court granted back in november and I have let everyone know that if my husband had been sent to the hospital then the first thng they would have done was take him off his meds and the incident in april might never have happened. This legal system here has even gone as far as to come to my place of employment and threaten me. I am wondering if there is a civil suit grounded against the Stone county, as the police dept. have repeatedly called me at home wanting me to buy my husbands medicine and stating that he was out of control during the time I was not even seeing my husband. Then they grant a Involuntary committment but overturn it without ever stepping into the court room again and I brougjt the petitiona nd paid filing fees.
      They came to my work right after this happened and stated that if I did not keep my mouth shut about the jail not buying his medication and just buy it myself even though I was having no contact with my husband they threatened to let my husband out to do whatever to me. They knew how dangerous he was before he quit his meds. The sheriff had called the probation officer and asked him to accept responsibility for Ted's release and the probation officer refused to accept responsibility. I asked how this could happen since my husband was on 25,000. 00 cash only bond but the probation officer told me that anything could be done in the county we are dealing with if I make the sheriff mad enough he will just cut my husband out on a sheriff's bond . My husband was very dangerous when on his medication and I felt that they were threatening me so I would quit calling people higher up than them about the med situation. I am just wondering if I need an attorney because if my husband goes to prison they will not let me see him for the duration of his imprisonment and will not allow him to parole out to me and it seems unfair that a state could dictate that when that is not my desire. They would do that because in the Dept. of Corrections I would be listed as the victim . What do you think, they all tell me I do not need an attorney but no one seems to be doing anything.


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