QUESTION
What should I do now to drop the case against him?
Asked on Dec 21st, 2012 on Criminal Law - Louisiana
More details to this question:
I filed a case compliant for domestic violence against my husband. After that, I realize that this was a totally misunderstanding when I filed the case against him and I don’t think he use any kind of violence against me on purposed it was all an unintentional.
12 ANSWERS
Michael J. Breczinski
You have top go and talk to the prosecutor about this. It is up to that person if the matter is dropped.
Answered on Dec 30th, 2012 at 11:13 AM
Criminal Defense Law Attorney serving Walnut Creek, CA
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The Law Office of Blackie Burak
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all you can do now is call the da's office or the arresting officer if it hasn't been filed yet and tell them you want to drop it. ?they may not however.
Answered on Dec 30th, 2012 at 8:30 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, once law enforcement (and/or the solicitor) begins the prosecution of a charge or charges, only law enforcement (and/or the solicitor depending on which Court the charges are pending before) can stop those charges from being prosecuted. You should consult with a local attorney as soon as possible regarding these matters. You should not take any action and/or inaction based upon this information without additional consultation in person with a local attorney.
Answered on Dec 27th, 2012 at 9:11 PM
Criminal Defense Attorney serving Alhambra, CA
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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 wish to have the charges dropped or dismissed, you should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Dec 27th, 2012 at 1:17 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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You will have to talk to the prosecutor and/or the officer in charge. The case isn't you against him. It is the people against him. The final decision is theirs. you will need to convince them that you are not under any threat and that it was unintentional.
Answered on Dec 26th, 2012 at 2:54 PM
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A prosecutor makes the decision about whether to drop the charges. You can tell the prosecutor what you just asked in your question and hope that it will help them to decide to drop the charges. Also, in Utah, you can refuse to testify against your spouse. It's called "spousal privilege" and if you have an questions about it, you can ask a lawyer who is independent from your husband's lawyer.
Answered on Dec 26th, 2012 at 12:45 PM
Too late now dear. The moment the cops were called an irreversible process began. Prosecutors will never drop charges simply because the victim and suspect have reconciled. Your husband needs to hire a lawyer, or else he will get a criminal record, lose his gun rights for life, and be forced to attend a 52-week DV class. From: questions@lawqa.com To: jefffengchengyeh@hotmail.com Subject: Question From LawQA ID:97119 Date: Wed, 26 Dec 2012 08:16:20 -0600 ANSWER A QUESTION THAT WILL BE DISPLAYED ON CALIFORNIA WEBSITES ON THE LAWQA NETWORK. LAW AREA: STATE: CALIFORNIA ID:97119 Question: What should I do now to drop the case against him? Question Detail: I filed a case compliant for domestic violence against my husband. After that, I realize that this was a totally misunderstanding when I filed the case against him and I don't think he use any kind of violence against me on purposed it was all an unintentional. *********************************** To answer this question, please just reply to this email. The original content and subject should not be modified, otherwise your answer will not be valid.
Answered on Dec 26th, 2012 at 12:36 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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I'm going to be blunt with you. You sound like a classic abused wife. There is no way anyone, including the DA, is going to believe that you reported violence, but then later "realized" that no violence occurred, especially if you were injured. If you don't want your husband to be prosecuted, all you can do is contact the district attorney and let them know. Be aware that they probably will continue to prosecute him anyway. Most abused spouses change their mind and don't want their husband prosecuted. If you are in fact being abused, please seek counseling and protection.
Answered on Dec 26th, 2012 at 11:50 AM
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You contact the court where the order was issued and file a petition to terminate the order. If you have any question for yourself you can hire an attorney to answer them. I am available for any issue out of Eastern WA state.
Answered on Dec 26th, 2012 at 10:03 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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What you should do is hire an aggressive criminal defense attorney to represent him.
Answered on Dec 26th, 2012 at 9:31 AM
California prosecutors will move forward in a case of domestic violence even when the victim wants to drop the case. The theory is that in far too many cases the victim is being pressured by economic reasons or by the defendant to have the defendant out of jail and back with the family. Because of this if the evidence without the victim's testimony, supports a case of domestic violence they will proceed even against the victim's protests. Depending on the facts and the evidence in your case, you can first talk to the defendant's attorney or try to talk with the prosecuting office. Yours truly Eric Sterkenburg Attorney and Counselor at Law NOTICE OF CONFIDENTIALITY: The information transmitted is a LEGALLY PRIVILEGED AND CONFIDENTIAL COMMUNICATION that is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, copying, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.
Answered on Dec 26th, 2012 at 9:30 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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You need to contact the office that is prosecuting him and request a drop charge affidavit . There may be a cost .
Answered on Dec 26th, 2012 at 9:25 AM