2nd degree reckless endangerment

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2nd degree reckless endangerment

bf and i got into a fight on june 6th 2009 came home three o clock in the morning and was not himself, there was no emotion no nothing, pushed me around a couple of times, ended up putting a knife to my throat and demanded the car keys and money. he left i was scared to death, this man has never even raised his voice to me for as long as ive known him, i was very shaken and called the police. hes in jail now hes got 2 past felonies for bad checks and driving after rev the da up here hates him because hes managed to always get away without serving time and now hes the judge how can i help him?

Asked on June 19, 2009 under Criminal Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to talk to an experienced criminal lawyer who is in your area, and the sooner the better, and this cannot be the lawyer defending your husband, because you have some problems of your own here.  One place to look for a qualified attorney is our website:  http://attorneypages.com

You really need advice that you can rely on, and for that, you're going to have to tell your lawyer all the facts, including the embarrassing ones, especially the embarrassing ones.  The lawyer probably also has dealt with the judge-who-was-D.A. a number of times over the years, and he knows the unique variations of your state's law (every state has them, and I'm not a Wisconsin lawyer).

The problem here is, how do you avoid testifying against your husband?  If you can get him out of this at all, there is very likely a right way and wrong way to do it, and the wrong way could get you jailed and fined for contempt in some instances.

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The best way you can help your boyfriend at this point is to consult with and/or retain an experienced criminal defense attorney on his behalf.  Since the state's case against your boyfriend relies heavily upon your testimony, a criminal defense attorney be able to develop a strategy to demonstrate to the prosecutor that you will not testify against your boyfriend.  This is rather tricky, however, because if you represent that you lied in the original police report you may be criminally liable for filing a false report.  Therefore, this strategy usually relies on the attorney demonstrating that, if called to testify, you will plead the fifth.  Nevertheless, an attorney will know the best way to handle this, and any other potential defenses, based on the particular facts of your boyfriend's case.


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