QUESTION
Can we have the domestic violence charge against my husband dropped?
Asked on Mar 13th, 2014 on Criminal Law - Michigan
More details to this question:
To start off, I was drunk and hit my husband first, while he was driving. He called police after he smacked me and held me down until we returned to the house. I was out of control, and I was putting him in danger of wrecking. However, because I didn't leave a mark on him, he was arrested for DV and I was arrested for Public Intoxication. He bonded out, and I was released 48 hours later. He was defending himself. Now, when we go to court I want to tell them all this, hoping to get the charge dropped, but will I go to jail? I never filled out a report, because I was to intoxicated.
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If you, the "victim", wishes to have the charges dropped or dismissed, you should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Mar 14th, 2014 at 6:15 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Sounds like you need to hire a lawyer for your husband. may be there is salvation, since you both were involved.
Answered on Mar 14th, 2014 at 6:10 AM
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
Answered on Mar 13th, 2014 at 3:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, in order to provide him a defense you will be admitting to assault and battery as well as public intoxication. You both need separate attorneys.
Answered on Mar 13th, 2014 at 12:16 PM