[conwaycountryboy]

My question involves criminal law for the state of: illinois
me and my wife have been having small arguments for the past couple of days and the other day my wife threatened to have me arrested if i didnt bring back her truck that is in her name when i brought it home she was supposed to give me my money out of her bank account she refused so i went outside to call my mom. she then jumped on my back and fell to the ground and i dropped my phone, when i went to get my phone she started kicking me and came up to hit me so i put my hand out to stop her grabbed my phone and went to the truck but she had gotten the keys and locked herself in the house and called the cops. i am now being charged with two counts of domestic assualt, one charge for choking her where i stuck my hand out to stop her from hitting me and one from her falling off my back and she said i pushed her to the ground. there was no body else home so its my word against her but she had a little redness on her neck from where i stuck my hand out and bruises on her back from getting thrown off of a horse two days ago. am i looking at getting convicted or could it get dismissed. i was arrested and i have a no contact court order. thank you for any help.

p.s.-im trying to get a divorce and move back to south carolina

[conwaycountryboy]

please somebody help, i got to see my public defender on the 24th and then court on the 5th and i dont know what i need to do. i plan on going to the military but if im convicted i will be disqualified, please any help is appreciated

[ashman165]

please somebody help, i got to see my public defender on the 24th and then court on the 5th and i dont know what i need to do. i plan on going to the military but if im convicted i will be disqualified, please any help is appreciated

Unfortunately, you'll just have to wait until you speak to your lawyer. No one here - or anywhere for that matter - can possibly predict whether or not you'll be convicted.

From what I've read, it seems that essentially you're in a "he said/she said" kind of situation. Conviction depends entirely on the jury. You mention you were charged, but you don't mention what, if any, evidence the police have in their possession that actually works in the way of proving you violated a law.

Your lawyer, whom you'll see in a few short days, will be able to get his hands on all of that information and advise you what s/he thinks will be the best course of action based upon what evidence of criminal wrongdoing the police might actually have collected. In the meantime, keep quiet with trying to tell your version of things to friends and what not. Save all of that for your attorney because there's no such thing as friend/friend privilege.

[conwaycountryboy]

they cops said she had marks and they took pictures of them and that she had some redness around her neck but everytime she gets excited or mad her neck and half of her chest turn beet red cause she is really fairskinned

[ashman165]

they cops said she had marks and they took pictures of them and that she had some redness around her neck but everytime she gets excited or mad her neck and half of her chest turn beet red cause she is really fairskinned

Again, the attorney you actually have will be in a far superior situation to answer these questions because he'll have things I do not: namely access to the information the state has.

He will be the person best situated to give you advice on your case. Since you already have a lawyer, it would seem that you'd be best advised to use him.

[conwaycountryboy]

i dont have a lawyer yet i go to the court house on the 25th to see if i qualify for one

[ashman165]

i dont have a lawyer yet i go to the court house on the 25th to see if i qualify for one

Okay, now I'm utterly confused.

I took your first post to either mean a.) you will be able to see your public defender on the 24th of this month, or b.) you previously saw your public defender on the 24th of some month. I was leaning more towards it being the 24th of this month because you said "then court on the 5th" which implied to me that the court date was in the future. Since the court date is in the future, and you have questions about what might happen, I also took it to mean that your occasion to visit the public defender was similarly going to be in the future.

I also took your statement to mean that since you "got to see" him/her on the 24th (some upcoming 24th that is), that you had one already assigned. That would be the nature, such as I understand the idea, of things which are scheduled: it's been determined at some previous time that some event will happen further along down the road.

But now you're saying that to find out if you qualify for a lawyer (which you said you'd get to see on the 24th), you'll have to wait until the day after your appointment with the public defender to see if you qualify for the lawyer you have stated you would be seeing on the day prior to the 25th?

I'm totally lost now. I suppose I have the following questions to help work this through:

Do you have an appointment with a public defender on the 24th, or not?

Are you aware that a public defender is actually a lawyer?

[conwaycountryboy]

i have an appointment at the public defenders office on the 24th of this month to see if i qualify for a public defender so i dont know if i will even qualify yet which is why i am asking for help in case i dont get a public defender because i cant afford a personal laywer

[DonnyC]

The fact he is making is that no one on the board can properly rule on this situation. Its a he said/she said type of case. With that being said we have no clue of your history or hers for that matter. For your sake if you really are innocent then you should look into proving that the injuries were from something else by witnesses. And the fact you state that she had a red mark on her neck in itself pretty much shows more force than merely pushing her away. I'm just playin devils advocate here but you need to be out trying to disprove her story theres not much help online.

[ashman165]

The fact he is making is that no one on the board can properly rule on this situation. Its a he said/she said type of case. With that being said we have no clue of your history or hers for that matter. For your sake if you really are innocent then you should look into proving that the injuries were from something else by witnesses. And the fact you state that she had a red mark on her neck in itself pretty much shows more force than merely pushing her away. I'm just playin devils advocate here but you need to be out trying to disprove her story theres not much help online.

No, he shouldn't be out there trying to disprove anything. As I said, he should remain quiet - church mouse quiet - until he speaks with an attorney. If there's one common element among people being convicted it's that people lack the capacity to shut up. Sure, we have the right to remain silent, but few have the ability.

It's also inaccurate to say that a red mark is some kind of proof about how much force is required to push someone away. You have a completely insufficient amount of information to determine the degree of force required to push away this particular person. Also, and this is just a wild guess, you lack the education in a field of study which would entitle you to render an informed decision on this topic even if you were presented with the necessary information.

The degree of force required to leave a red mark on some particular person isn't related to the degree of force to push someone off yourself. Consider what you don't know about this woman: she might be a rather large women.

If she is indeed a large woman, and has some speed behind her, it's going to take a considerable quantity of force to arrest her forward motion. It'll take more than that to both arrest her inertia, and reverse it. The degree of force required to leave a red mark on this person, who has been described as "fairskinned [sic]" might be quite low. It might be particularly low especially in light of the sheer amount of force required to stop this possibly large woman, who's headlong charging him, in her tracks. You just don't know. Neither do I. Nor does anyone else here.

This leads me back to what I've maintained all along: based on the information provided so far, none of us is in a position to advise him on much. Even if we had all of the information that the state has, we still wouldn't be able to answer his question: no one knows how a trial will turn out.

All that aside, we have to also consider what statements he made to the police. By his own assertion, he did speak with them. We have no idea the totality of what was said and whether or not he inadvertently incriminated himself.

He'll just have to wait to see how it goes with the PD when he goes later on this month. But I suspect he can call the PD's office and get a down and dirty run down of what would be required to qualify for one.