QUESTION
What can I do to have the domestic violence charges dropped?
Asked on Jan 21st, 2014 on Criminal Law - Colorado
More details to this question:
I was served a subpoena to testify in court about a domestic violence charge. We are back together and at the time I was addicted to Xanax. After the incident, I moved away and rehabilitated myself. I know what I claimed happened was not how it really happened at the time. What do I do in court so the charges are dropped? He does not deserve to be prosecuted for something he did not do.
9 ANSWERS
Michael J. Breczinski
If your testimony could incriminate you in a crime ( false information to the police) then you can refuse to testify. This is called taking the fifth.
Answered on Jan 24th, 2014 at 9:54 AM
Criminal Defense Attorney serving Long Beach, CA
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Michael Cernyar
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Pursuant to Marcy's Law you have several rights, including the right not to testify. In addition, you have several constitutional rights, including the 5th Amendment Right. My experience is that when victims try to exercise their rights the prosecution and sometimes the judge will trample on them and their rights. So my recommendation is to contact an attorney for a free consultation for possible representation and to review your rights.
Answered on Jan 23rd, 2014 at 2:14 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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This is a tough one. You cannot do anything about it now. If you change your story, of course the DA will not believe it and will tell you that it is perjury. You may want to hire a lawyer and figure a strategy to deal with this. If you do not testify, and if there is no transcripts, it is unlikely for the DA to get a conviction.
Answered on Jan 23rd, 2014 at 2:13 PM
John J. Carney
Retain a good lawyer and tell him the total truth about what happened and let him deal with the prosecutor. Do not try to talk to anyone yourself or you could be charged with perjury or making a false complaint.
Answered on Jan 23rd, 2014 at 2:12 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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All you can do is speak with the prosecutor. Only the judge or prosecutor have the ability to dismiss the case. You do not. Since I don't know the facts of you case, I can't say what your possible success will be.
Answered on Jan 23rd, 2014 at 2:11 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Hire a lawyer to advise you what to do.
Answered on Jan 23rd, 2014 at 2:10 PM
James Edward Smith
Nothing
Answered on Jan 23rd, 2014 at 2:10 PM
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 Jan 23rd, 2014 at 2:09 PM
3 Awards
best to contact his attorney - telling the court or DA will not get desired result.
Answered on Jan 23rd, 2014 at 2:09 PM