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.

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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 12 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.


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