Legal Question in Criminal Law in Georgia

Domestic Violence

My son was charged with domestic violence a few months ago in Georgia. He and his wife (both drinking) got into an argument and she called the police and told them that he had threatened her with a knife. No one was hurt, not even so much as a scratch. He was charged with aggravated assault and cruelty to children. There were 3 children in the home at the time (not theirs) but they were in bed asleep. The DA added an extra charge later of terrorist threats and acts which added the second felony.

His wife is still with him and admits that she over reacted and wants to recant her story but the DA won't let her. They have since moved from GA to Alabama and are doing great. He has not been arrained yet and has no idea when it will take place. He has since gotten a public defender but i am worried about him handling the case. I don't have much money but I will borrow some if it will keep my son out of jail. Should we seek another attorney or stick with the public defender?

This is my sons first offense and he has never been arrested before. He has a good job and is going to AA for his alcohol problem.

I am worried sick! Any information will be greatly appreciated!


Asked on 9/05/07, 2:05 pm

1 Answer from Attorneys
Ann Fitz The Federal Law Group

Re: Domestic Violence

My advice to you is that if the public defender can not work out pre-trial diversion at arraignment, you should look into hiring another attorney to try to work this out and get it dismissed. The victim always has the right to choose not to testify and/or cooperate with the DA in a domestic violence situation. In fact, this is common. Without the victim's cooperation, the DA generally has no choice but to dismiss pursuant to completion of a diversionary program for a first offender.

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Answered on 9/14/07, 9:52 am


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