My question involves criminal law for the state of: Virginia
Hi..my husband and I got into an argument last month and I called the police because he grabbed me by the neck. I hung up on the dispatch because I could see that my husband was freaked out by his reaction. They called back and of course came to our home. He grabbed me from behind the neck..we were sitting side by side.
Well, when the police got there I told them I was sorry for bothering them, yadyada, officer informed me of the law change in 96 about domestic abuse and I told him that I was concerned for my safety but that my husband's anger had diffused and we were fine. Well, in the meantime my husband told the other officer what he did..grabbed me by the back of neck, and MY officer said.well, arrest him. There was a moment of silence because I DID NOT want him arrested and my husband's officer did NOT want to arrest him either..he is NOT a violent man AT ALL! He is a good man who lost his temper at me for something I DID. Anyway, long story short, husband arrested, taken to jail, magistrate gave most lenient order..said he never does this, and husband was released on own recognizance and police officer brought hubby home to me.
When he had arraignment, hubby waived lawyer..against my wishes. He says.."I'm guilty, honey..I did it, why do I need a lawyer, I will take my punishment". So our court date is next month and we have no lawyer and little money. Today I get a subpoena from the Commonwealth of VA to testify against my husband.
My husband and I have been in therapy for almost 9 months now. Our counselor has agreed to go to court and testify on husband's behalf. He is a good christian man and is not violent. He is trying to forgive me for a past indiscretion he found out about last yr. He has EVERY right to be angry but he is being very brave and we are both FIGHTING for our marriage...but he lost his temper and I panicked and here we are.
What will happen to my husband if he goes to court without a lawyer? Is there anything I can do or say to help my husband's defense? He has never been arrested for anything like this before. He was convicted of a felony 18 yrs ago and has since had his civil rights restored. He has led a spotless life and has been in the ministry for 7 yrs. He stepped down after his arrest though.
Any advice?

