QUESTION
How do I go about getting a domestic abuse charges dropped?
Asked on Mar 25th, 2014 on Criminal Law - Nevada
More details to this question:
My fiance and I had an argument, the neighbor called police, they arrested him for domestic assault. He is in jail and the preliminary hearing is soon. I didn't file a report, write a statement or press charges. I am subpoenaed for the hearing, he is not abusive. How can I get them dropped before this hearing? It was the heat of the moment, we had a few beers, we have loved each other our whole lives, this never happened before. I don't want our lives ruined over this! We slapped each other once, there are no bruises, and no witnesses. The hearing is tomorrow I need an answer as soon as possible please.
5 ANSWERS
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. You need a good lawyer, and soon before you forget you have the right to remain silent and incriminate yourself in open court.
Answered on Mar 25th, 2014 at 2:54 PM
Michael J. Breczinski
Go and talk to the prosecutor about this. They will often listen to your wishes.
Answered on Mar 25th, 2014 at 2:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest an attorney. You must go, and you must tell the truth under oath unless it would incriminate you. As for your relationship, slapping each other and forgiving is very foolish unless you both like such activity. Forgiving a second incident is the same as giving permission to continue. BE careful!!!
Answered on Mar 25th, 2014 at 2:28 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is up to the prosecutor, not you, to decide whether or not to press charges. If the police were called or responded then a police report was filed. You can tell the prosecutor that you would like the charges to be dismissed and the reason why. It will be up to him to make that decision. If subpoenaed, you must honor that subpoena or else face contempt of court charges and possibly go to jail.
Answered on Mar 25th, 2014 at 2:28 PM
James Edward Smith
Prosecutors have a "no drop" policy on domestic violence.
Answered on Mar 25th, 2014 at 2:26 PM