Legal Question in Criminal Law in Minnesota

One night during a heated argument between me and my girlfriend I called the police and said she was pushing me and shoving me, and slapping my phone out of my hands (when she really wasnt, she didn't do any of that). She was arrested for domestic violence, interfering with a 911 call, and child endangerment since we were fighting in front of our daughter.c to make matters worse, I ended up putting a danco order on her the next dayv using the same false accusations. Now she is sitting in jail for violating the danco. She has also been the victim of domestic violence between us. There was more than one occassion where I was physical with her. So nows she's sitting in jail being charged with the very thing she has been victim to, it's like she is being victimized twice as harsh now. So now I feel just terrible and want to come forward to the district attorney that in charge of her case. Explain I lied on the police report, and the danco. I feel so bad from all this, i dont care about what consequences i recieve, i just want to confess to all the bad things I did to her, and with statements from witnesses that witnessed my abuse towards her, and seen her with bruises. I want to show the d.a. I'm the abuser who framed the victim. Is this a wise decision to go to the d.a. in charge of her case? If i do this, Will they drop her charges even if she violated the danco? Will they take custody of our child from both of us? How should I come clean?

Asked on 7/09/17, 10:20 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

The best thing to do would be to retain your own lawyer. Since the state currently views you as a "victim," you have rights under Minnesota's Victim Rights Statute, Chapter 611A. In my experience, most prosecutors will not respect your rights and be reluctant to represent your interests. Their agenda is generally to convict whoever happens to be accused. That said, in domestic assault cases the person they've cast into the role of "victim" is their key witness, without whom they will have a difficult time at trial. Your lawyer (after you retain an experienced criminal defense lawyer) should know what to do and how to advise you. Blaming yourself is not only unnecessary, it could also backfire. There should be no need for that. Bottom line: get yourself your own lawyer.

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Answered on 7/10/17, 6:11 am
Samuel Edmunds Sieben Edmunds Miller PLLC

This type of situation happens more than you'd imagine. Don't kick yourself in the butt too much. Just make sure to take the steps necessary to rectify the situation. What needs to happen is for you both to have lawyers. She absolutely needs to be defended by an experienced criminal defense lawyer. Help her retain one if she hasn't already. Second, you should be represented by a lawyer of your own. Again, this should be a lawyer that specializes in criminal defense. You have rights, both under the constitution and Minnesota statute. If you don't have a lawyer of your own, then you'll have no way of stopping the prosecutor from using you to convict your girlfriend. It's going to be expensive, yes. But it's what needs to be done. Feel free to give me a call or an email to discuss. 651-994-6744 [email protected]

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Answered on 7/10/17, 10:02 am

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