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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Hi, last Sunday i had my girlfriend arrested for assault, ...

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Hi, last Sunday i had my girlfriend arrested for assault, but i want drop off case, i don''t want anything happened to her. But I''ve been told what DA office can process case without me doing anything, i don''t want it happened, what should i do to stop it?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

The only thing you can do is speak with the Assistant DA and tell them you do not want to pursue this matter - and ask that it just be dismissed. Keep in mind, they might be insistent. You can then suggest that there be some sort of diversion plea agreement - where if she does not get into anymore criminal trouble for a set period of time (say 1 year to 18 months) then this matter would not be prosecuted. If she does get in trouble then they can resurrect this charge, too.

Because you are the victim/witness and do not want to move forward they might work a plea of that nature with you. It all will depend on the extent of the assault - was there physical injury, was there a weapon involved, does she have a criminal past -

Best of success to you

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 3 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Hi
there was bruise on my face, scratches on the neck and arm, NO weapon or anything else. Should i do it over a phone or go there in person?
Expert:  Michelle replied 6 years ago.

Dear Customer

Well if you are waiting for a phone back from the ADA you can discuss it on the phone. However, you can let them know that you would come in to see them if that made a difference. You can also suggest that your GF would enroll in some kind of anger management therapy - they can give you a referral. Once a deal is made, ask that it be put in writing so that you can make sure your GF sees it and follows the rules.

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 3 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
the problem is i need case to be dismissed, she cant
have it on her record because she will loose her therapist license, does anything i can do for sure?
Expert:  Michelle replied 6 years ago.

Dear Customer

That is something you can explain to the ADA. There are no guarantees and unfortunately, I cannot predict what they will agree to. Dismissal is a possibility, as I mentioned above and is the first thing you should seek. Though she will have the arrest on her record. She will have to file for an expungement to have the arrest removed and only a dismissal will allow that. You will need to plead you case hard with the ADA - domestic situations are taken very seriously.

If you don't succeed you can always consult with a local attorney to go to bat for the two of you.

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