QUESTION

Will he have to go to court if I lied and told them what I did and will they drop the case right then in there?

Asked on Feb 27th, 2016 on Criminal Law - California
More details to this question:
I called the police to get my boyfriend in trouble for domestic violence but he wasn't there so he wasn't arrested. Can I call in and tell them I did it to get him in jail? Will they dismiss it even before processing it and will he have to do jail time?
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4 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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To say that what you did was dumb is an understatement. 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 the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A. However, you should also be aware that anyone who files a false police report in California is guilty of a misdemeanor with a potential jail sentence of up to one year. Both you and your boyfriend need to speak with separate criminal defense attorneys before you do anything that will make the situation worse than what it already is. Good luck.
Answered on Mar 31st, 2016 at 5:33 AM

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Criminal Defense Attorney serving Los Angeles, CA
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Yes, he will probably still have to go to court. However, you should not expect that the prosecutor will dismiss because you are now saying that you lied.
Answered on Mar 30th, 2016 at 5:37 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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In every single domestic violence case I?ve ever handled, the victim wants to recant. The DA rarely dismisses on that basis alone, because all DV victims do this. If you call them and tell them you lied, you are risking your own criminal charge. In short, it is unlikely to make any difference, but may get you into trouble.
Answered on Mar 30th, 2016 at 5:37 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 are well aware of this. He needs a good lawyer.
Answered on Mar 30th, 2016 at 5:37 PM

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