LQ, a 53-year-old, bioengineer, and his wife had a fight. LQ called the police. When the police arrived, his wife alleged that he punched her in the head multiple times. The police noticed red marks on her neck and face. According to the police, LQ admitted twice to hitting her. LQ disputed that. He claimed that he never admitted to anything.
LQ’s case was complicated by the fact that he is not a U.S. Citizen.
LQ hired attorney Henry Fasoldt. Henry first filed a Motion to Suppress the admissions. Henry argued that LQ was in custody at the time and questioned without his Miranda rights having been read to him. The judge agreed, partially. The judge suppressed one statement, but not the other. This left LQ in a difficult position – go to trial or work out a deal. If he has a trial and loses, he would almost certainly be deported. However, his chances of success at trial were decent, as his wife would not have testified (by invoking her marital privilege). Fortunately, the prosecutor offered a 1-year Pretrial Probation deal. The terms of the deal require that LQ attend (and complete) a domestic violence training course, pay court fees, and not get arrested. The offer was a good one, he took it.
The case will be dismissed after one year.
*Note – Henry consulted with LQ’s immigration attorney regarding the consequences of all possible outcomes. Individuals charged with domestic violence crimes, whom are not US citizens, face serious consequences (deportation or exclusion from the U.S.). After discussing his options, LQ made an informed decision to accept the pretrial probation deal.