My question involves criminal law for the state of: South Carolina
Any advice is appreciated.
My wife and I got into a verbal argument, and I was so shocked that she was screaming at me, that I dialed 911 and then immediately hung up. She left the room, and continued to cuss me in the kitchen, so I got up and went into the kitchen to continue the confrontation. Finally, I had enough, drew my fist back and then decided in mid moment not to hit her and instead put my arm down. My wife, in defense hit me in the face and that set off a rage in me. I tackled her, pinned her down, and told her she was not going to talk to me like that and she was going to respect me, never hit her, and got up and went back to the other room. About that time, 911 calls back and I answer. They asked was everything ok, and I said yes and the operator could tell I was out of breath. She asked was there anyone else in the house with me and I said yes, my wife. When my wife picked up the phone to speak with her, she emotionally melted, said her husband (me) had attacked her. They sent out 3 cops and after telling the story, they arrested me for CDV 1st offense. After the took me away, they demanded a statement, and my wife refused and didn't want to press charges. So, the cop demanded she allow him to take pictures of some red area on her chest, and said if she didn't comply she would be arrested for obstruction, and the kids would be taken away. I get arrested and released and everything is fine now. My wife goes to the solicitor to ask if the charges can be dropped, and they say that they cannot until they speak to the police officer. Of course they never do, and never return her calls. She had a court order subpoena and this morning she did not go to court with me for the initial pleas. I told the judge I was enlisting the help of the public defender and there was no warrant issued for my wife not going to court this morning. So at the end, I asked the judge could I file a motion of dismissal because the victim was not there. He said I could, but to be honest, the Solicitor would ask for a continuance, and that would be granted because they had no time to prepare. Now, I have a meeting with the solicitor and no set court date for the future coming up. ANY HELP!?