My question involves criminal law for the state of: Wyoming
My husband along with our 2 teenage children and in laws went to a New Years bash at a hotel. We are already on the verge of divorce because he has a drinking problem. He is absolutely a wonderful man when not drinking, but when he drinks he is irrational and yells a lot. He has 3 DUIs (the 3rd was received while on probation for the 2nd), is on probation (which is over in a month and half) he completed all of the rehab and classes that were ordered, but relapsed. During the evening, he was drinking and started an argument with me. I told him I was leaving and taking my daughter home as well because she had a headache anyway. Since he was being a jerk, I asked his mother to be in the room why I gathered my things. Once she was in the room she started blaming me for provoking him, and tried to push me out of the room telling me to leave. I was leaving and I was just getting my stuff and daughter. She just kept telling me to leave and pushing me toward the door. She had a hold of my arm and I leaned into her and told her to let go of me. At this moment, my husband in his drunken state thought I was hurting his mom and flew across the room grabbed my face and threw me on the bed and held me down, yelling at me not to touch his mother. They pulled him off of me, I grabbed my daughter and my stuff and rushed out and went home. Although he didn't really hurt me, it scared my daughter, and after 2 hours and listing pros and con's, I decided to call the police and file a report. I needed to show my daughter that it is not OK for someone to lay their hands on you. After he took mine & my daughter's statement he would track down the mother in law & husband and take their statements and turn it in to the DA to see if there was enough evidence to charge. I don't know about my mother in law, but my husband hasn't been questioned after 3 days. He doesn't remember any of it, and doesn't understand what is going on, only that he drank and is in trouble again. He is remorseful and wants to go back into treatment. We are separated and will remain that way, however...I don't work and with him in jail I will not have child support. He has wants to get help, and that is really all I want. If it takes something like this to get him sober than so be it. I do feel he is mostly a good man. He is usually very loving and hard working. He doesn't hit me (he does yell when he is drunk and I usually leave) I feel like his mother being present made it worse. I know it was his actions, but I do not think he deserves a heavy jail sentence, he needs therapy, anger management, and medication for depression(in my opinion). There were no marks present to prove I was hit, just the statements, I know it is out of my hands now. My question is what is the best plan of action that he can take for leniency? I understand he deserves consequences, and it is up to the judge, but how should this be handled as far as legal? Should he report himself to his PO first thing Monday? Should he deny? He doesn't even remember. He is going to AA today. Would I make matters worse or better to speak to the DA and tell him that I no longer want to pursue the domestic charges if he is getting help with his alcoholism? That is ultimately all I want. He has no money for a lawyer without using our mortgage payment. There is no proof of him drinking other than the word of myself and his mother.
My husband along with our 2 teenage children and in laws went to a New Years bash at a hotel. We are already on the verge of divorce because he has a drinking problem. He is absolutely a wonderful man when not drinking, but when he drinks he is irrational and yells a lot. He has 3 DUIs (the 3rd was received while on probation for the 2nd), is on probation (which is over in a month and half) he completed all of the rehab and classes that were ordered, but relapsed. During the evening, he was drinking and started an argument with me. I told him I was leaving and taking my daughter home as well because she had a headache anyway. Since he was being a jerk, I asked his mother to be in the room why I gathered my things. Once she was in the room she started blaming me for provoking him, and tried to push me out of the room telling me to leave. I was leaving and I was just getting my stuff and daughter. She just kept telling me to leave and pushing me toward the door. She had a hold of my arm and I leaned into her and told her to let go of me. At this moment, my husband in his drunken state thought I was hurting his mom and flew across the room grabbed my face and threw me on the bed and held me down, yelling at me not to touch his mother. They pulled him off of me, I grabbed my daughter and my stuff and rushed out and went home. Although he didn't really hurt me, it scared my daughter, and after 2 hours and listing pros and con's, I decided to call the police and file a report. I needed to show my daughter that it is not OK for someone to lay their hands on you. After he took mine & my daughter's statement he would track down the mother in law & husband and take their statements and turn it in to the DA to see if there was enough evidence to charge. I don't know about my mother in law, but my husband hasn't been questioned after 3 days. He doesn't remember any of it, and doesn't understand what is going on, only that he drank and is in trouble again. He is remorseful and wants to go back into treatment. We are separated and will remain that way, however...I don't work and with him in jail I will not have child support. He has wants to get help, and that is really all I want. If it takes something like this to get him sober than so be it. I do feel he is mostly a good man. He is usually very loving and hard working. He doesn't hit me (he does yell when he is drunk and I usually leave) I feel like his mother being present made it worse. I know it was his actions, but I do not think he deserves a heavy jail sentence, he needs therapy, anger management, and medication for depression(in my opinion). There were no marks present to prove I was hit, just the statements, I know it is out of my hands now. My question is what is the best plan of action that he can take for leniency? I understand he deserves consequences, and it is up to the judge, but how should this be handled as far as legal? Should he report himself to his PO first thing Monday? Should he deny? He doesn't even remember. He is going to AA today. Would I make matters worse or better to speak to the DA and tell him that I no longer want to pursue the domestic charges if he is getting help with his alcoholism? That is ultimately all I want. He has no money for a lawyer without using our mortgage payment. There is no proof of him drinking other than the word of myself and his mother.
Probation and Parole: Best Plan of Action for Leniency, or Best Outcome
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