Legal Question in Criminal Law in Virginia

I was arrested for dosmetic abuse, hitting my husband after drinking wine. it happened a month earlier only I went to hospital voluntarily. never in 25 years has this happened. I am under physchiatrist help and go to country mental health for substance abuse. have to go to arraignment Jan 25 and court date on Feb 26. I was put in jail for a night not allowed to go home for 3 days, ended up in hospital again.. husband is not pressing charges. Do you think I will end up with a jail sentence . I have never been in trouble with the law. I am 66 and not a drinker

Asked on 1/11/18, 9:20 pm

2 Answers from Attorneys

Sean Hanover Hanover Law

You ask a great question -- what happens when something really bizarre occurs in life, and you find yourself in the pokie. First, you need to call a lawyer. Give me a ring tomorrow, and we can go over the specifics of your case (although you did a decent job of explaining this in your write up).

Now, you need to remember that it is the state, not your husband, that will decide whether or not to continue the case. Although you think you are being good, and honest, you MUST NOT tell the police or anyone else, other than your lawyer, that you hit your husband. No matter how innocent, that act is called "assault" and constitutes a basis for both a criminal charge and a protective order.

Your first hearing is just to advise you of your rights. If you retain counsel, that will be waived. The second hearing is the trial. With good counsel, and some planning, the whole case can be dismissed. However, if that fails, you can also seek a deferred sentencing based on attending classes, etc. You'll need counsel to arrange this agreement with the prosecutor, however. Although the judge can also grant this as a sentence (i.e. after a trial), you won't want to get your case dealt with via trial. It will not be pleasant experience for you!

You can reach me directly at 703-402-2723. My firm practices in MD, DC, and VA. We would be happy to work with you, and get this resolved. Mistakes happen -- let us help you get out of the mess.

Sean R. Hanover, Esq.


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Answered on 1/11/18, 10:10 pm
Michael Hendrickson Law Office Michael E. Hendrickson

No, I don't see any disposition of this matter likely to involve your having to serve any jail time based upon

these facts but it would be advisable for you to be represented in this matter by a competent criminal

defense attorney with substantial experience in representing clients in the court in which you've been charged.

Office Tel. (703) 838-5577

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Answered on 1/12/18, 1:00 pm

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