The husband spend a total of 3 days in jail the first two he is making phone calls to his wife and they are discussing the situation and what they are going to do on the third day the defendant sees a judge and is released on pretrial but if given a no contact order by the judge on that third day then after being released and going to the preliminary hearing the prosecutor is trying to amend charges to add violation of no-contact order and intimidating a witness is that going to hold up in court when the defendant have not yet received the no-contact order from the judge and the wife is on statement saying the husband is not guilty it is the state that is pursuing the charges against him so I'm trying to figure out if there is any validity to the prosecutor more or less threatening new charges of intimidating a witness and violation of the NCO, even though NO nco was issued yet??? it is still true that the state can use those calls against the defendant?
This sounds like a situation wherein the actual prosecutor believes he/she’s a witness to an NCO violation, perhaps a jail call (that they listen to). It’s a much trickier charge to get out of since the threat of amending the charge is easier than you’d ever imagine for the State to prove. If your inmate can’t read the BOLD writing just above the jail phone that says, “All phone calls are being recorded,” please remind him NOT to ask the V to “not press charges” etc., because the State can prove the phone call even if you don’t cooperate! So in this case it might make sense for him to plead guilty to the first charge if the State agrees to drop the NCO (phone call from jail) charge. Because each charge carries a maximum of 1yr. of jail and $1,000 fine. 3 NCO violations in 5 years is a felony and carries up to 5 yrs of prison and a $5,000 fine. So I’d take the 1 for 1 offer myself! Good luck! That’s a tough break but be smart and don’t try and fight this one! You won’t win!
My husband and I are currently living with my mother-in-law. She is elderly and needs help to manage all aspects of her life including medical and financial decisions as well as improving her living situation. We want to know what type of legal document we need in order to help her in these areas. Is a power of attorney appropriate? If so is there any protection against other family members that could potentially swoop in and try to take advantage of her?
Thanks, LJ
seperation
My husband moved out of the house 3 weeks ago, we rent this house, he wants me to move out in Nov. aside that he rented an apartment a week before he left, was very sweet to me prior, had our sons 5 th birthday party then the day after came home at 12 noon and said hes moving out, i was devestated, their is no other woman i know this for a fact, he says he needs space because we were fighting prior to the move, he leaves his wedding ring on but is distant. He has cashed in part of the 401 k 6,000 to pay the rent in this home and the lease of his new apt. he has a loft not a 2 bedroom and picks up his child to go their, he has asked me to support this even though our child really does not want to go. everything is in his name, the cars the house, the 401 k the bank account. he has lft me the atm card .....what do i do i want to work things out, but im so angry , also he is a funcional alchololic, he drinks , is not abusive at all , 2 years ago he was arrested for dui and possesion of cocaine, a very small amount, his probation ended last month. If things get hairy what can i do, i dont work i have been a stay at home mom. Suggestions please.
