Innocent of Felony Domestic Violence Charges

[aardvarc]

The problem you'll have is that there is a TON of unflattering circumstantial evidence against you:

1) a neighbor called police, so there's an outside party saying "hey, there's a problem here"

2) for whatever reason, you tell us that the police have to break in - so either you refused to answer or they heard enough commotion for them to reasonably fear that someone was in danger and come in on their own (next time stop the yelling and answer the door?)

3) for whatever reason, your demeanor on the scene didn't result in an easy arrest - tazering usually indicates non-compliance

4) destruction of property in the midst of all of this is just another layer of icing on the cake

5) the previous arrest isn't going to help, though it may not be admissible

Given that we have all these layers of angry, violent behavior, and that both police AND a neighbor witnessed the events - I'm not sure what possible spin your attorney can put on this to convince a jury that you didn't have a hand in her injuries (even if you really didn't).

Whatever outcome you get from this case, you'll have to figure out that "if you always do what you always did, then you'll always get what you always got" - in other words, either get your anger under control and get your girlfriend some alcohol abuse help - or both of you will be looking at this scenario playing itself out over and over again until she either "falls" and kills herself (with you to blame) or you end up resisting arrest with some cop who will swear to the coroner that he thought you had a weapon when he put a couple of rounds into you. Either way, without some professional outside help for BOTH of you, this ain't gonna end well in the long run.

[cdwjava]

Well put.

I concur.

- Carl

[truly.innocent]

2) for whatever reason, you tell us that the police have to break in - so either you refused to answer or they heard enough commotion for them to reasonably fear that someone was in danger and come in on their own (next time stop the yelling and answer the door?)

Well, I didn't answer the door, so that is true.

3) for whatever reason, your demeanor on the scene didn't result in an easy arrest - tazering usually indicates non-compliance

I didn't confront the police in any way. They kicked the door in, stormed in and tazered me.

Also, my girlfriend and I have stopped drinking as a result of all this and our relationship has never been better. We are committed to staying sober because we realize the consequences of our actions. Alcohol simply isn't worth it - our love for one another is.

[cdwjava]

I didn't confront the police in any way. They kicked the door in, stormed in and tazered me.

Soooo ... you were standing there, passive, compliant, and smiling, and they just zapped you for grins and giggles?

If it did happen that way, you'd be here talking about the wonderful lawsuit you had against the agency and not how to beat the rap.

Also, my girlfriend and I have stopped drinking as a result of all this and our relationship has never been better. We are committed to staying sober because we realize the consequences of our actions. Alcohol simply isn't worth it - our love for one another is.

That's a good first step. Hopefully you both stay on that path. However, history tells us that one or both of you will not continue on this road - and if no sanction comes down as a result of this, the chances are pretty good that things will revert back to the way they were.

- Carl

[truly.innocent]

If it did happen that way, you'd be here talking about the wonderful lawsuit you had against the agency and not how to beat the rap.

I didn't offer any resistance. I'm sorry you find that hard to believe, but its the truth. In fact, the agency that responded has a well documented history of mis-use of power.

However, history tells us that one or both of you will not continue on this road - and if no sanction comes down as a result of this, the chances are pretty good that things will revert back to the way they were.

Wow, thanks for the vote of confidence. I appreciate your (and everyone else for that matter) taking time to answer my questions but I find your presumptuousness to be condescending and arrogant.

[cdwjava]

It's the voice of too many years of experience talking. I am always cautiously optimistic, but I have seen far too many of these to expect the result you intend. I hope it happens, but I would not wager money on it.

Good luck.

- Carl

[Madmanmike1972]

I didn't offer any resistance. I'm sorry you find that hard to believe, but its the truth. In fact, the agency that responded has a well documented history of mis-use of power.

I dont find that hard to believe, I feel for you brother you could be a victim of the nanny state.

[FlyinHawk®]

Wait a second, the police come and you refused to answer the door after your girlfriend has fallen and cracked her head open?

What I don't get is why didn't you call someone yourself after she injured herself you're not a doctor to dictate that she is ok or not.

[truly.innocent]

I just wanted to post an update to my case.

I rejected the DA's initial plea bargain which would have had me plead guilty to a misdemeanor DV.

I accepted the DA's second plea bargain which had me plead guilty to misdemeanor resisting arrest. The DV charges were completely dismissed.

I'm now on informal probation and must attend AA for a period of six months.

Girlfriend and I are 100+ days sober...

Here's to a better 2008!

[cdwjava]

Congratulations!

Hopefully it takes!

As i said, I'm a cautions optimist ... far too often people fall back to their old ways, but occasionally they succeed. I'm always happy to have my cynicism proven wrong.

- Carl