QUESTION

Is my letter good enough to convince the judge to withdraw the charge against my wife?

Asked on Dec 31st, 2013 on Criminal Law - California
More details to this question:
I need a sample impact letter to give the judge on behalf of my wife. She was charged with misdemeanor assault. She has no criminal background. Her first court date is January 2nd. We got into an argument and she hit me and then I pushed her. She called the police because she wanted me to leave the house. We both stated the facts, and the police arrested her because she hit me first. I had no bruises and the police did not take any pictures of me either. I told them I did not want to press charges but they said that the state does automatically. We also have 2 young children. I have written a request for both the prosecutor and judge but can you please advise if I should add anything? Your Honor: I am the alleged victim in case xxxxx, and I am a military veteran who has served this Country. This has been a huge mistake. My wife and I have been married for over 4 years. She is not a violent person nor does she have any criminal history. She is the mother of our 2 children and a loving, caring human being. I am respectfully asking the court to dismiss this case against her and also have the no contact order removed. This time has really hurt our children as they do not understand why Mommy and Daddy cannot talk nor be around each other. We will do any type of counseling that the court suggests. This has been a mistake that will never be repeated again. Thank you for taking the time to hear my request. Respectfully, xxxx xxxx (Alleged victim case xxx)
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6 ANSWERS

Michael J. Breczinski
You want to send this to the prosecutor and talk to that person. That is the person who has power over this case.
Answered on Jan 07th, 2014 at 1:30 PM

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Criminal Defense Attorney serving Alhambra, CA at 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., which it appears you have already done. However, the final decision will be up to the D.A. My advice is to make sure your wife has a good attorney representing her if the D.A. decides to go forward with the charges.
Answered on Jan 03rd, 2014 at 1:19 PM

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Pursuant to Code of Civil Procedure 1219 (b) I provide advance notice that I do not wish to prosecute my wife ,and do not intend to cooperate in the prosecution of my wife by giving testimony against her.
Answered on Jan 03rd, 2014 at 1:17 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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That still may not be enough. The court, at minimum, will probably require her to go to domestic violence batters counseling.
Answered on Jan 03rd, 2014 at 1:17 PM

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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 and Judges are well aware of this. She needs a good lawyer.
Answered on Jan 03rd, 2014 at 1:17 PM

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James Edward Smith
Not a good idea. Better to speak in open court with the prosecutor present.
Answered on Jan 03rd, 2014 at 1:17 PM

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