QUESTION

My husband filed aggravated assault and false imprisonment 1 on me and now he signed an affidavit admitting he filed a false report

Asked on Mar 09th, 2016 on Criminal Law - Arkansas
More details to this question:
I have not had a plea and arraignment yet and I have his affidavit. Can the charges be dropped since I have not went to court to plea?
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1 ANSWER

Criminal Defense Attorney serving Central City, AR at Hughes Law Office
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If charges have been filed it is not likely that those will be just dismissed. The issue is now in the hands of the State. However, the State's witness has recanted so obviously it will be difficult for the State to prove it's case. On the other hand, it is understandable that the State is very cautious about dimissing domestic abuse and related cases because of the high rate of serious offenses, including homicides, that occur in that environment. Plus, the domestic abuse watchdog organizations keep an eye on those cases.  You should submit a copy of the affidavit to the prosecutor as soon as possible. Depnding on that person the case may be dismissed.
Answered on Mar 10th, 2016 at 9:57 AM

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