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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Violation of Probation for Simple Assault Domestic

    My question involves criminal law for the state of: New Hampshire

    ok, my fiance was arrested 3 years ago for drugs, he served 14 months with up to 3 years federal probation. Its been almost 2 years since he's been on probation with absolutely no problems. Until, he drank alcohol and we were arguing outside. Some people who drove by called the police ended up filling statements that he pulled my hair and hit my head on the wall (there are a total of 3 statements all somewhat similar) and he was arrested. He was bailed out the same night with a no contact order against me. He had an arraignment 16 days later with a lawyer and I asked to have the no contact order lifted because he did not do anything close to what the witnesses said. It was granted

    The next day the probation officer called saying he needed to see all the paperwork to come by the US court where the probation office is. When my fiance gets there he is thrown in front of the judge with a court appointed lawyer and the probation officer asked for him to be detained for the saftly of myself. The prosecutor didn't want him to be arrested. My fiance went to jail.

    Come to find out there was a federal warrant for my fiance issued the day after he was arrested for simple assault-domestic. The probation officer never told neither of us and lied about him needing to come up to see him just to show paperwork. He also was saying those 16 days prior to my fiance arrest that hes not looking to put him in jail, that he was just going to give my fiance classes and more extensive probation.

    My fiance probation officer says he need to spend 4-6 months in jail for violation of probation. Im not worried so much about the simple assault because I will be in court the day of his trial.

    I will not be able to support myself with my fiance in jail for 4-6 months..can someone tell me the chances of him being in jail.. or give me any kind of advice..thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Violation of Probation for Simple Assault Domestic

    can someone tell me the chances of him being in jail..
    Probably pretty good. We can't answer for sure, but if he violated Federal probation? He's in trouble, and with good reason.


    or give me any kind of advice..thanks!
    Let's not mince words here or make excuses for him. Three people saw him beat you up. You're worried about him being in jail?

    Worry about yourself. Take another job to keep yourself afloat and contact community resources in your area.

    "I can't support myself without him" is not a good enough reason for the courts to set a convicted felon and violent offender loose. They're not going to do it. You don't get 14 months in the can and three years probation for being a great citizen.

  3. #3

    Default Re: Violation of Probation for Simple Assault Domestic

    Im not worried so much about the simple assault because I will be in court the day of his trial.
    I don't think that'll be as helpful to him as you're hoping. Assuming that you even get called to the stand, you'll have to convince a jury that three witnesses are flat out lying...other than that, it's not a legal defense to domestic violence that the victim doesn't MIND that they were the victim of a crime. There's no legal recognition of a criminal act (since all criminal acts are held to be committed against ALL of us in society, not just you) that suddenly turns it into a non-criminal act just because the victim doesn't think it was that bad.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Violation of Probation for Simple Assault Domestic

    No only that, but the vast majority of victims of domestic violence recant their testimony.

    Even if it didn't happen - and, by the way, I noticed you didn't say that, the judge will not give your testimony anywhere near the credibility he/she gives the witnesses.

    Especially if you state that you need him out so that he can provide for you.

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