I filed asault charges on my husband in MD. I received infomation that he could receive 10 years of prison time or be ordered to pay a fine.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I filed asault charges on my husband in MD. I received infomation that he could receive 10 years of prison time or be ordered to pay a fine.
If he is found guilty, I would like to have some say in what happens to him. Is that possible? I am scheduled to talk to the state’s attorney before the case. Is this a good time to request what happens? Is there a law that I can use to prevent me from convicting my husband before or on the trial date? Can I cancel the charges and how?
Asked on April 15, 2009 under Criminal Law, Maryland
Answers:
S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If your husband was charged for your assault, it is the state of Maryland which is prosecuting him.
Any plea bargain/sentence offered, is up to the Prosecutor and the Judge.
Many State's Attorneys will take your desires into consideration in offering a plea bargain. Cooperate with the State and tell the Attorney how you feel. Remember though, that they are the ones who will decide whether to go to trial or offer a plea bargain in this case.
You can ask the Prosecutor if you may make a 'Victim's Impact Statement'. This is usually done to explain to the court how devastating the effect of the crime was on you, and it is up to the Judge whether such a statement would be allowed. In some instances, Judges are harder on offenders who have sympathetic victims regarding abuse. Talk to the Prosecutor/State's Attorney. Your input may affect any plea bargain. Bear in mind that the Prosecutor doesn't have to consider your desires, but most will.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.