QUESTION
How do I get assault charges against my husband dropped?
Asked on Dec 31st, 2012 on Criminal Law - Utah
More details to this question:
We got into an argument and I was throwing things and he accidentally tripped me and I fell down the stairs. I guess we were pretty loud because the neighbor called the cops and they came and even though I told them it was an accident, they arrested him. I know the fight got out of hand but I don’t want him to be arrested and in jail. Please help.
10 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You cannot dismiss charges. You can make your opinion and thoughts known to the prosecutor, and you can help his lawyer by cooperating with the lawyer.
Answered on Jan 04th, 2013 at 3:27 PM
Michael J. Breczinski
You are going to do one of two things. Either tell the prosecutor the truth but then they could bring charges against you or refuse to testify because it would incriminate you then they would have a hard time making a case against your husband.
Answered on Jan 04th, 2013 at 5:08 AM
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The DA probably won't just drop it but you can try. You might want to get an attorney of your own and not communicate with the DA except through your attorney. If you made misrepresentations to law enforcement, that could result in a charge against you for false reporting. I suggest that you contact any attorney before you tell the DA that you are recanting your story.
Answered on Jan 04th, 2013 at 5:08 AM
Criminal Defense Attorney serving Elizabeth, NJ
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Law Office of Vincent J. Sanzone, Jr., Esq.
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It depends, but it is unlikely the state will proceed without your cooperation.
Answered on Jan 04th, 2013 at 4:33 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You can contact the District Attorney, but be forewarned that prosecutors rarely dismiss domestic violence charges when the victim requests that the charges be dropped. Nearly all domestic violence victims want the charges dropped for a variety of reasons. The DAs are used to this and often will proceed with prosecution despite the wishes of the victim.
Answered on Jan 04th, 2013 at 4:32 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Your facts sound a bit questionable, however it is good that you two reconciled. You can ask the prosecutor if you can do a drop charge affidavit.
Answered on Jan 04th, 2013 at 4:18 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you and/or your husband contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Jan 04th, 2013 at 4:07 AM
John J. Carney
The police and prosecutors are very tired of women who will sign a supporting deposition under oath saying one thing and then claim another. If you did not sign a supporting deposition they cannot proceed. If you did and try to change it you could be charged with making a false complaint or perjury. I do not know what happened, but if you are trying to lie to "help" your husband you are the one who is going to be in trouble. Retain a good lawyer and tell him the truth about what happened and he can help him and protect you.
Answered on Jan 04th, 2013 at 3:57 AM
Hire a good lawyer for him. You are in fantasy land if you think the prosecutor will simply drop charges just because you've had a change of heart.
Answered on Jan 04th, 2013 at 3:41 AM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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As far as getting in dropped, it is out of your hands, it is up to the prosecuting agency. However, if you invoke your spousal privilege and not testify it is nearly impossible for the prosecution to get a conviction. hope this helps.
Answered on Jan 03rd, 2013 at 2:20 PM