Are you sure it wasn't "Malum prohibitum"?

Wikipedia says this about it:

Malum prohibitum (plural mala prohibita, literal translation: "wrong [as or because] prohibited") is a Latin phrase used in law to refer to conduct that constitutes a crime only by virtue of statute, as opposed to conduct evil in and of itself, or malum in se. Conduct that was so clearly violative of society's standards for allowable conduct that it was illegal under English common law is usually regarded as "malum in se". An offense that is malum prohibitum, for example, may not appear on the face to directly violate moral standards. The distinction between these two cases is discussed in State of Washington v. Thaddius X. Anderson (Supreme Court of the State of Washington, 67826-0, decided August 2000) [1]:

"Criminal offenses can be broken down into two general categories -- malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so. State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905) "Public welfare offenses" are a subset of malum prohibitum offenses as they are typically regulatory in nature and often "'result in no direct or immediate injury to person or property but merely create the danger or probability of it which the law seeks to minimize.' "

Doesn't really matter what it was... I'm telling my lawyer, unless he greatly advises me otherwise, I'm taking no deal.

TOMK -

When you speak to your Atty - ask him for his advice since you are very vulnerable and you are not in a safe position while you try to recover this marriage.

You are fixin to be exposed in a very difficult position.

I can't believe a husband can be locked up for removing themselves during a heated discussion.

Good lord - I guess I could have been locked up multiple times in the last 27 yrs. I usually dont argue - just go out and take a walk when things get heated in our household. It allows me to think and find a solution and removes me from the drama etc.

All those emails from your wife, wanting you to contact her, are proof that she is not afraid of you.

I'm still inclined to think that she is trying to set you up by getting you to contact her, so good job on NOT responding to her. Her behavior is just too weird for me to think she would be trustworthy in any way.

I wouldn't make any deal, either. You should be totally exonerated, and the case dismissed. The DA is just wanting SOMETHING that shows him as winning this case, and knows that your wife's emails to you really screw his case up.

TOMK,

As I recall, this situation began with arguments between you and your wife, because the two of you were accusing one another of infidelity on account of a positive chlamydia. She accused you, and you counter-accused.

You were removed from the home by the police, because they had reason to believe that you had been violent, and were a threat to the safety of your pregnant wife. They were taking what they believed was protective action.

Battered spouses FREQUENTLY recant, which is why police officers, judges, and lawyers are usually slow to respond to such requests. It's entirely predictable. You could check the playbook for it. Look on page twenty-two.

So, without knowing a single thing about your situation first-hand, the responsible thing for all of these parties to do, is to lay low, and DELAY, DELAY, DELAY. It certainly does nobody any lasting harm, and it keeps your wife and children safe while you spend time learning how to parent, and COOL YOUR HEELS.

Reading between the lines of the lawyers' and judge's and police officer's behavior, it certainly sounds as if they all believe that your behavior was well beyond the norm. So, for now, everything you do should be completely EXEMPLARY in order to demonstrate that either

a) they misunderstood what they saw and heard; or
b) you have completely changed

please do not pay any attention to sweetsobriquet as she/he is a troll. Many posts are deleted and story lines are varied. Called out as a troll by many trusted posters.

TOMK, please let us know how your hearing goes this morning. I'll be sending prayers your way that everything is resolved in your favor.

Lord... please oh please let TOMK get back into his home for Thanksgiving.

Amen

I got an IM Friday night telling me she's looking forward to seeing me come home Monday. There was an envelope on my car with a new house key in it, no note.

I spent the weekend packing my things back into my car. Cleaning the "in-law apartment" my parents have that I stayed in for a few weeks. Cleaned it so good they would never know I was there (even got a huge "thank you" email from my mother about how clean it was----first communication from my mother in YEARS that was 100% positive from her about me).

Went to to court this morning, and EVERYTHING my wife told me the DA told her was a lie. They wanted to string me up by my... No deals.

After 2 hours of my lawyer and the new DA talking they agreed to 2 things. I could either wait for my trial on 12/13 or I could plead out to one fo the 3 charges.

I'm packed, excited to see my son, and it's 100% obvious my wife wants me home too. I read and reread that damn plea agreement over and over again.... I couldn't sign it. I just couldn't tell myslef that I would plead guilty to something I didn't do.

But then, the thought of actually seeing my son TONIGHT and being HOME for the begining of the holidays....

You can't make this sort of decision if you aren't placed into this sort of situation. I took the biggest leap of faith I've ever taken in my life. I went against all that was right inside me and signed the plea agreement, only after asking "This gets me home tonight right?" and hearing "Yes, this will get you home and you can see your son and talk with your wife tonight."

When the judge was done asking me if I understood it all and wasn't coerced into signing and then he ruled on it all... I got this horrible feelign in my stomach.. what have I done? I've just given all the control right back to her? How stupid am I?

My sentence:
60 days house of correction, suspended 1 year. Meaning one call to the police for any sort of DV issue and I go to jail no questions asked for a minimum 60 days. After 1 year of "good behavior" the sentence is dropped.

But... now I have a criminal record. I knew this. I weighed this against seeing my son and being with my family. I made the descision, I put the trust in her, in us. My way of showing her that I'm in this marriage for all the right reasons and a way of showing her EXACTLY what I could be giving up.

I can have my record exsponged in 4 years. Meaning I go back to no criminal record on 11/19/2011 if I'm on good behaviour until then. I know the type of person I am, and I know I didn't do these thiings I was accused of...any of them. I am very hopeful my wife will see what a huge sacrifice I've made of my freedom and for my marriage.

I've already met my wife for coffee, she's upset with the DA. They lied to her. She was told I would have the "Mal Proc" thing and she's convinced had she gove today the judge would have thrown the whole thing out.

I told her this was a decision I made. And to let it go. I told her WE got us where WE are now, and only We can get US through this mess. I won't (even though part of me feels like I should) Make comments about how she's the reason I have a criminal record now or any of those sorts of things... it was my desicion to take the offer and go home NOW.

She cried at the news. I held both her hands and looked into her eys and told her I loved her. Told her WE NEED to be strong for each toher and get thruogh this .... We both know we will still fight. But she SAYS she's gone to see soemone for her anger management. I'm under a court order to have a screening done. 1st appointment is tomorrow morning 9AM.

I know some people will tell me I should have reached down my pants and checked for somethign while I signed the plea agreement, but again, you can't make that judgement call until you are put into it. I know what I've done to myslef and how badly I'm hanging out there for her to just ruin my life...if she wanted to. But now, after we talked face to face, she knows it too, and I see the true sadness in her eyes. i know some of you might tell me what a huge mistake I made by admitting to doing somethign i didn't do and the consequences that may follow me the rest of my life...

But please... keep those thoughts to yourslef and understand that now more than ever I need CONSTRUCTIVE help.

The fist step to my recovery has been taken. Some may see this as a step backwards, but I remind those... sometimes you have to go backwards to move forward.

In less that 3 hours I will see my son. THAT is what has me smiling today.

Wow TOMK. Scary stuff. But what's done is done. Right? Now you go foward. You and she go forward. Now's the PERFECT opportunity for you guys to start working on your marriage with MB help. Have you thought about calling the Harleys for an appointment? Get a plan to get a stronger marriage?

Give your kiddo a hug from MB!

Extremely scary stuff... the more I think about it the more I beat myself up about it saying I should have been stronger. Seeing my son tongiht meant more.... being home meant more...

Putting that sort of trust in my wife was a very difficult desicion to make. But one I chose to make. It must have been a decision that came from the heart, my head would have never have done that.

Nothing I can do about it now but accept any consequences that arrise from it. And I've already told myself... if this was a mistake and I do end up in jail, so be it. It will not chaneg the FACT that I am his Father. That is something the State, nor she can ever take away from me.

It will be a constant reminder of what she's capable of... and if she does it again, then this marriage really was over before it started.

Some say you can't truly love until you are vulnerable...well I don't know a more vulerable man right now.... Hopefully she will see exactly what I did for my family....and respect that.

If your wife so much as ever jokes or threatens to have you arrested...divorce her.

I would ask her to sign and have notarized a letter that says the charges that led to your arrest were unfounded.

I don't like this at all...but I am happy you are going home.

YOU must command respect from the moment you walk in that door. She has abused you and it can never happen again.

I think your wife needs to come clean with the DA. That would show that she is committed to making things work.

It seems that she is willing to have you pay the consequences for her choice to lie and now she holds the trump card.

To get rid of that trump card, she needs to be honest with what she did.

thought that very same thing MEDC....

This would not mean a hill of beans to the court. His plea of guilty is on the record. The court does not care anymore. If another charge comes up, the conditions of his probation are automatically revoked and he will go straight to jail. On a new charge, it's highly doubtful that such a letter would have any impact.

I think a better solution would be for both of them to get some heavy-duty counseling from the Harleys and for her to follow through on her anger management counseling.

I agree but I don't think it would impact his conviction. That's a done deal. He pled guilty. It is VERY hard to go back and try and overturn a conviction that was based on a plea. If she did go back to the DA and "confess" they'd probably tell her too late or they'd charge HER with perjury if she signed a sworn statement.

I would still get the paper signed. It speaks to credibility and most likely would be considered by the judge in my opinion.

and she SHOULD be charged with perjury. It's part of being honest.

Yep PM.... but WE would know that letter exists.... maybe somethign she could hold on to when she gets mad.

I know I'm screwed. But like I said...seeing my son tonight meant more to me.

My wife isn't a horrible person, she just doesn't think clearly when she doesn't get what she expects and she lashes out too quickly. Not just at home, but on the job too. Even with her fmaily....

I told you all that her and her older sister both left their home when they were 17 & 18 right?

I'm going to need help in ways of asking to get her to be completely honest with me...abotu everything. The safe, the safe deposit box, the storage....

It was nice to be able to TALK to her today. Looking forward to waking up and getting my boy out of bed tomorrow morning too!! Back to our old routine of feeding the squirrels then having our breakfast...

Call your attorney and ask him what legal weight such a document signed and dated by her NOW would hold. HE knows better than any of us and is more familiar with the ins and outs in your jurisdiction.