Quote from: jainie marlena on October 31, 2011, 10:48:08 PM
It is all on record. the only thing that is not is what was done to me before 8 years ago. I kept what she did to me to myself that lead up to it. I beat the crap out of her 8 years ago after she jump me. Years of someone smacking you around and not thinking there is a way out gets to you. Knowing that what I did to her was wrong change me. that is why I called the police instead of fighting back friday. I never dreamed that they would bring charges back up that were dropped.
Okay, that still doesn't mean you're doomed. If she is attempting to re-introduce this case [in which was dropped] without anything new to present (evidence mainly) that is relevant, no judge will even be interested in listening. Furthermore, as mentioned, the statute of limitation may be at play at this point.
Provided no new evidence to the prior case has been presented and the judge does not agree to allow the case reopened; your argument then is one crime does not answer for another. What happened eight years ago is since passed, and it cannot be used as a justification for the crime that occurred the other night. Whatever you do, I advise against playing the blame game. Your goal is to stick with the
current incident, arguing that past incidents are irrelevant. Just an example, someone jumps you and gets arrested/charged. Eight years later you beat the crap out of that person for whatever reason. Is it to be believed that because of the past incident you were justified in your actions? I think not.
Your wife is in a panic and is trying to do whatever possible to be viewed as the victim, which is typical. You need to show that YOU are the victim, but remember, of this incident only. Any time they attempt to sway towards past events, remind them those events have already been settled and the court needs to remain speaking of the current events only since it is the current incident that compelled your wife to reintroduce an eight year old case.
As per this incident, you attempted to break up the violence - showing a calm, clear-minded approach on your part. This, I feel, will play well on your end of the defense. Her goal is to bring up your violence eight years ago to justify your passive approach this time...likely to confuse people considering she was the aggressor for this current incident. I would not worry too much, but do not become overconfident either.
I think it is best to end this discussion now, however, for your sake. Hope I've helped, and best of luck.