More details to this question:
My ex made a threat that was directed at me but actually was said to my friend. I overreacted and called the police and he was arrested on a domestic assault charge. I know he wouldn't have hurt me or anyone that would have been at my home. We were in a heated argument that went too far and we actually are friends and have several mutual friends so this makes things so complicated. I want the stay away no contact order and e charges to be dropped. What is the best way I can present this to the DA so that I am more likely to get the results I want. I know victims change eir minds all the time, but I am certain that this was all a big mistake and there is no history of violence at all. Any help would be appreciated.
29 ANSWERS
Jacob P. Sartz
I'd recommend you privately consult with an attorney if you need specific advice for a particular issue. This answer only contains general legal advice. Most attorneys provide free initial consultations. Generally speaking, it is a highly risky strategy to try to change a version of events after the police have been called. It is risky for several reasons. First, the prosecution may charge the person with filing a false report, a misdemeanor, or more severe charges, depending on the alleged conduct. Second, statements in the original police report may be admissible anyway in domestic violence cases due to changes in Michigan's evidence laws. Third, the prosecutor will have the ability to subpoena a person to testify anyway, even if they don't want to. Once the police and prosecutor get involved, the "victim" no longer has control of the case and ultimately, decisions to pursue the matter are up to the prosecutor. The only real option for "victims" is to address their concerns with the prosecutor and with the judge.
Answered on Jul 06th, 2012 at 4:03 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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Contact the DA and tell them you don't want to prosecute.
Answered on Jul 03rd, 2012 at 1:28 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You can't remove charges. Once the police arrive at a domestic dispute, someone is going to jail. It is also the policy of police and DA to vigorously prosecute those charges, regardless of tearful recanting by the victim. You can cooperate with his lawyer to try to convince the DA the case should be dealt out or dismissed, but there are no guarantees that will happen.
Answered on Jun 28th, 2012 at 1:44 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can try speaking with the D.A. either before or at the next hearing. It will depend on whether the D.A. believes your new story. Also, be aware that you could possibly be charged with making a false police report. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to advise you of your options.
Answered on Jun 27th, 2012 at 6:30 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You are dealing with a very complicated issue. You are right that victims "change their mind". The question is "why". Do they change their mind because of fear of retaliation by the person who "assaulted" them. Is the person who assaulted them the same person who provides financial support to the victim. In which case, if the defendant goes to jail, is it possible that the victim could be left with no financial support, and possibly become homeless. In other words, despite the assault, the victim fears more so the possibility of having no one to support them an d the children if there are any. Bottom line, the person would rather be subject to physical abuse then to be left homeless and in poverty. Then you have the other people, the ones who file police reports because they want to control the other person, even though the police report may be false. In you situation, the question is "why" would you file a false police report a fact that you now seem to be admitting to. If this is the case, you could be charged with filing a false police report, or, if the statement you made is given under penalty of perjury, you could be charged with perjury (a class C felony). You can begin to see the complexity of the issue in which you find yourself. I would suggest retaining the service of an attorney to help you deal with this.
Answered on Jun 27th, 2012 at 6:05 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The DA would need your testimony to convict your husband if no one else was present. You should consult your own attorney. There are ways you can refuse to testify, but you should have an attorney to help. You normally would be subpoenaed to court which r equires you to attend. When you show up you can claim a privilege not to testify. A warrant will be issued if you just fail to appear.? Talk to a lawyer and go to court and claim the privilege.
Answered on Jun 27th, 2012 at 5:27 PM
You can confess that you made a false police report and then you'll be charged. They may then go easier on your ex. Things got complicated because you made them that way. You'll need an attorney.
Answered on Jun 27th, 2012 at 5:24 PM
Michael J. Breczinski
You should go and talk to the prosecutor about this and explain it to them like you did here
Answered on Jun 27th, 2012 at 5:06 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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I would suggest 2 important angles: Have him take and pass an Anger Management Evaluation and hire a lawyer to negotiate on your/his behalf.
Answered on Jun 27th, 2012 at 3:46 PM
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You can call the DA and tell them you made a mistake and don't want anything to happen. Or better yet, call his attorney and that attorney can help you sign an affidavit of non-suit.
Answered on Jun 27th, 2012 at 3:41 PM
Too late. The moment you dialed the phone the ship has sailed. DA's are trained to hear from recanting witnesses in DV cases, and they usually won't budge. The best thing you can do for you ex to is hire a good defense attorney to represent him in court.
Answered on Jun 27th, 2012 at 3:35 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Unfortunately, it is not easy to get rid of the charges. You can call and speak to the DA, but it may not do any good. If the DA will not drop the charges, your ex will have to hire a lawyer. A lawyer can make it happen by asserting constitutional rights and forcing the DA to comply. The reason the DAs are so loathe to drop these cases is that they get tired of hearing the exact story that you have. That an argument led to an overzealous action that you now want them to fix. They look at it that as the result of this decision, police had to come to the house, a person got locked up in jail, all the court personal have to do their jobs and now you just want to forget all about it. You can somewhat understand their position, but it doesn't mean that an innocent person should be convicted to prove a point either. You might get lucky and find a compassionate ADA.
Answered on Jun 27th, 2012 at 3:29 PM
A reporting person or victim does not have the authority or power to "drop charges". The District Attorney may be willing to do so if convinced that the charges cannot be proven beyond a reasonable doubt. Providing the District Attorney with a written statement clarifying the mistake may result in the charges being dismissed.
Answered on Jun 27th, 2012 at 3:14 PM
Child Custody Attorney serving Roseville, MI
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Law Offices of Maryanne Spryszak-Hanna, PC
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Most DAs have a policy of not dropping charges against a DV victim. If you go to the DA, and say the charges were untrue, they could have you arrested for false report of a misdemeanor of felony.
Answered on Jun 27th, 2012 at 3:08 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Make an appointment, go to the DA's office and ask him to drop the charges. Insist until he agrees.
Answered on Jun 27th, 2012 at 3:04 PM
Teresa Lynn Border
I suggest you contact the victim-witness advocate assigned to your ex's case and tell that person what occurred and the circumstances associated with it. If there is not a victim-witness advocate, then speak directly with the prosecutor assigned to the case. Once charges have been filed, however, the prosecutor has the ultimate authority to decide what to do with the case.
Answered on Jun 27th, 2012 at 2:58 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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A DA will not dismiss this as once these cases are filed they take the position that it is not you who is the victim; it is the People of the State of CA. Pretty silly but that's how they think. Best bet is to hire your own lawyer to intercede with the DA. If you can't afford it, talk to your ex's attorney and tell him the whole story.
Answered on Jun 27th, 2012 at 2:43 PM
Leonard A. Kaanta
You to talk to prosecutor, and explain what happened.
Answered on Jun 27th, 2012 at 2:06 PM
You could always ask the prosecutor to stop pressing charges but sometimes their supervisors do not want to do that and will continue pressing them anyway. The problem, though, would be that if you don't show up to testify, there may not be enough evidence to convict and, therefore, the charges would be dismissed.
Answered on Jun 26th, 2012 at 4:30 PM
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Your wishes may be presented to the prosecutor, however, they would have to be relayed through a victim advocate. The prosecutor will not generally talk to you personally due to a conflict of interest. With that said it is highly unlikely the prosecutor will simply drop the charges. The wheels of justice have begun to turn with respect to the case. Honestly, the best way to get the charges dropped is by retaining an attorney. That attorney will be able to talk with the prosecutor and attempt to persuade them that the case is weak and unlikely to secure a conviction. You indicated that the threat was actually made to your friend. There may be grounds to file a motion to dismiss. Domestic Assault applies when you are being threatened directly.
Answered on Jun 26th, 2012 at 4:29 PM
Gregory Graf
I suggest you get your own attorney and have your attorney cooperate with ex's attorney. The District Attorney will not drop the case until right before trial. You should discuss the strategy with your attorney but it will likely involve your attorney telling the DA that you will be exercising your right to remain silent.
Answered on Jun 26th, 2012 at 4:29 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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It is not easy to drop these charges especially if after reading the complaint there is language which shows this incident might have been volatile. The only way to drop the charges is to meet the DA at the courthouse on the next hearing date and inform the DA and the court that you want the no-contact order removed and the charges dismissed. This usually does not happen because the court will be concerned for your safety regardless of what you may say.
Answered on Jun 26th, 2012 at 4:27 PM
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Basically tell the DA exactly what you said in your question. Make clear that you did not actually feel threatened (which the DA would need to prove in court), and would testify that way if you are called.
Answered on Jun 26th, 2012 at 4:27 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Nothing you can do as the State prosecutes criminal cases you are just a mere witness.
Answered on Jun 26th, 2012 at 4:25 PM
This can be complicated. You need an attorney to deal with DA to potentially get results. It ultimately becomes a decision for DA to proceed or not.
Answered on Jun 26th, 2012 at 4:24 PM
There are several ways. If you have a victims advocate, you can be very assertive and aggressive with him/her that you do not want a protective order, etc. The victims advocates oftentimes assume you want something you dont. You can go in an tell the judge that you do not want a protective order. Or you can call the DA and tell him/her that you do not want a protective order. However, once a case is charged, the DA has the discretion to prosecute the case regardless of your intentions or desires. Although, they must have evidence of the crime that was charged. If you are the only evidence they have, i.e. your verbal witness testimony, and you do not want to testify, then they may be forced to drop the case. There are many defense lawyers who will represent you as the "victim" and help you understand your rights. Sometimes the prosecutors will try to scare you into testifying.
Answered on Jun 26th, 2012 at 4:24 PM
Often, it is helpful for a victim to seek representation so that the circumstances and rights that you have as a victim can be fully explained to you and so you can have an experienced advocate representing your position to the DA. Good luck!
Answered on Jun 26th, 2012 at 4:23 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The state attorney in your county may let you sign an affidavit that you do not want to prosecute the charges. Stay in touch with the victim advocate at the same office and let your feelings be known. Some state attorneys require that you take a class before the case is dropped.
Answered on Jun 26th, 2012 at 4:21 PM
Bruce Arthur Plesser
The case is out of your hands. Tell prosecutor you don't want to prosecute. They can't win with an uncooperative witness.
Answered on Jun 26th, 2012 at 4:21 PM