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  1. #1
    Join Date
    Feb 2006
    Location
    Canada
    Posts
    1

    Default Confusing Domestic Violence Situation

    Let me start from the beginning. Me and my gf live together and we went out one night separetly after arguing. We met at the bar but we never spoke. I heard from some ppl that she had been spreading rumours about me. It infuriated me and I was very intoxicated so when i got home I got mad at her and slapped her. She slapped me back and I slapped her back(backhand) again causing her lip to swell. She then left and went to her friend and the friend wanted to call the cops but my gf refused. her friend let her coe back home and the next day we talked about it and i apologized and that was that. Later that evening We get a call from my gfs friend informing my gf that she ahd called the cops. In our state of panic we left the house. i was without my shoesand went to a nearby building.
    A few minutes later the cops find us with their dogs and the whole nine yards and talk to us separetly. A few minutes after that 2 cop vans and 2 mor cop cars appear and that when my gf refused to cooperate anymore and decided she was going home. i was left there in the middle of the street surrounded by 7 cops, 4 cop cars and 2 police dogs. They kept asking me if i hit her and i kept saying no. Eventually they said they new i hit her but what they wanted to know was whether i was the "sick sadistic type that beats his gf" or whether this was just 'a spur of the moment thing reminding me that a girl had been killed last year here. When he said that I broke and said that this was just a spur of the moment incident fearing being compared to a potential killer of the same colored background.
    They arrest me and take me to the station for questioning and so where i speak to a lawyer and he tells me my first priority is to stay out of prison. So i decide to tell the cop what happened. he then says he will get a statment from me and thats when i tel him i need to talk to the lawyer and ask him whether i should. On the way back to the other room to speak to the lawyer I ask to get a drink of water and the cop tels me thats fine but he has to document my every move. i then speak to the lawyer and he tells me not to give a statement. So i convey the message to the cop and we walk to the interview room where he tells me he has to ask me a few questions. he goes on to ask my address and so and so and then after building my confidence asks me what happened and i tell him.
    I am later released with certain conditions. I later get the disclosure to the case and see that my gf refused to cooperate or give a statement to them and see where the police documented all my steps from when i went to go gfet a drink of water, etc but failed to note when i clearly stated i didnt want to give a statemnt and infact used what i had told him as evidence. can he do that after i told him i didnt want to give a statement?
    Also since my gf wont cooperae with them and it was her friend that called they have subpeonaed her.
    i have a lawyer but dont feel he's putting in the proper effort for the money i paid. i have given my plea under his advice of 'not guilty". He then asked me for some more to follo up on the case when all he did so far was stand with me in court when i pleaded not guilty. I am a student and am finding it hard to make ends meet but dont want a criminal record and dont really want t bargain with the lawyer as I'm afraid he wont do as good a job as he's supposed to after that.

    My questikons are 1) can the officer used what i told him as an official statement after i clearly told him that i didnt want toafter talking to the lawyer in the corridor. Why would i go against what the lawyer said to me
    2)what is likely to be made of this case if me and my gf say it was during conenstual sex that her lip got bruised
    3) are there any alternatives to not getting a criminal record

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Confusing Domestic Violence Situation

    Quote Quoting oufy
    1) can the officer used what i told him as an official statement after i clearly told him that i didnt want toafter talking to the lawyer in the corridor. Why would i go against what the lawyer said to me
    If your prior statements were not admissible in court, your lawyer should file a petition to have them suppressed (excluded from evidence). If they are admissible, the fact that you later did not want to make another statement won't prevent the use of the earlier statements. Also, if you contradict your prior statements when testifying, the statements may be admissible to demonstrate that you are lying even if they were otherwise excluded.

    Quote Quoting oufy
    2)what is likely to be made of this case if me and my gf say it was during conenstual sex that her lip got bruised
    It's not a good idea to try to get somebody to commit perjury.

    Quote Quoting oufy
    3) are there any alternatives to not getting a criminal record
    There may well be; many jurisdictions offer diversion programs or delayed sentencing for first-time domestic violence charges. Discuss the possibility with your lawyer.

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