QUESTION
My boyfriend is being charged with battery, I never said I wanted to press charges now he is locked up, what can we do?
Asked on Jun 10th, 2013 on Criminal Law - Colorado
More details to this question:
I never said I wanted to press charges against him. We have a son due anytime now and he is locked up with no court date. I don't know what to do.
8 ANSWERS
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Hire a lawyer to represent him.
Answered on Jun 11th, 2013 at 2:42 AM
Michael J. Breczinski
Talk to the prosecutor about this matter and let him know what you want.
Answered on Jun 11th, 2013 at 2:42 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Did you call the cops on him initially, then changed your mind when they arrived at your door (or something similar to that)? Or was it someone else that initially contacted the police regarding a disturbance of sorts? Whatever the situation, the prosecutor can try to move forward with the case even if you do not want to. Your boyfriend should contact a criminal defense attorney in your area who may be able to get involved in the case, to mitigate consequences and potentially get charges dismissed.
Answered on Jun 11th, 2013 at 2:42 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What you want is irrelevant. In a criminal case, it is the State or City (prosecutor) who presses the charges. You are simply a victim/witness to the crime. The fact that he assaulted you while you were pregnant really angers a prosecutor and makes him want to file the charges all the more. There is really nothing you can do. I would advise you to give serious thought to this relationship. If he hit you once, he WILL hit you again. If you have no concern for your own safety, think about the safety of your baby.
Answered on Jun 11th, 2013 at 2:42 AM
Help him hire a good lawyer. Whether you want to press charges or not is irrelevant.
Answered on Jun 11th, 2013 at 2:42 AM
Thomas Edward Gates
Based upon the evidence, the prosecutor determines whether there is enough to charge an individual. If there were pictures taken showing any type of injury that is usually enough to convict on an Assault 4 DV charge.
Answered on Jun 11th, 2013 at 2:15 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The only thing you can do at this point is to make sure he has an experienced attorney.
Answered on Jun 11th, 2013 at 12:11 AM
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If he was arrested in Colorado over the weekend, he will be taken to the judge to set bail on Monday, or the next court date. He can ask for release on his own recognizance, which means that he does not have to post the amount of bail set. Your boyfriend should retain a criminal defense attorney. Colorado domestic violence statutes allow a person to be arrested, charged, and prosecuted for DV without the consent of the victim.
Answered on Jun 10th, 2013 at 10:21 AM