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J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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Domestic Violence Case

Customer Question

The police were called to my fiancee and I's apartment last friday cause we were having an argument this was a 5-10 min long thing and he was frustrated so he told me to let him leave and i wouldn't so he kinda "pushed" me aside and i tripped over some weights we have on our floor and hit my head none of this was intentional the cops didn't care and arrested him any way i don't want to press charges and am not afraid of him this was an accident and i'm afraid of what they may do if he gets convicted which isn't fair
Submitted: 5 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 5 years ago.
Over the years, the police have become very aggressive in taking action in domestic violence circumstances. This is understandable because of issues of the victim being fearful and the aggressor being so controlling, that the victim may recant not because there isn't an issue but because she (and sometimes he) is afraid of what will happen later.

That being said, both the prosecutor and the victim's assistance should listen to your side of the story and take your wishes under consideration. Just because charges have been filed does not mean that the prosecutor has to pursue the case. The prosecutor can dismiss the charges, if he/she feels that the circumstances warrants it. The story you convey will help. I would contact victim's assistance (or whatever your local equivalent is called) and let them know how you feel and that you want to speak with the prosecutor. In the cases I have prosecuted, I have always wanted to speak with the "victim" before being willing to consider dismissing the case.

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Customer: replied 5 years ago.
That is a relief, should this affect his record, as in getting jobs etc? We both are full time students and would like to have the best life we can and wouldn't want this to affect our life or haunt us forever
Expert:  J.Hazelbaker replied 5 years ago.
The fact that he has been charged might get on his record. If the case is dismissed, he should be able to get that expunged. Even if it is not expunged, it should not affect him if the case is dismissed because it is not a conviction.

Also, if he has an attorney or public defender, you should talk to him/her because that can put more pressure on the prosecutor to dismiss the case.
Customer: replied 5 years ago.
oh ok well unfortunately we can not afford an attorney so i don't think that would be an option. Also since they sent him to jail his brother posted bail for him, so since bail has been posted they can't send him back to jail -is this correct?
Expert:  J.Hazelbaker replied 5 years ago.
They can't send him back unless he violates the terms of the bail.

If he can't afford an attorney, he has a right to get a public defender at no cost. He needs to apply for a public defender through the court.
Customer: replied 5 years ago.
they also took a picture of my head which as i said was an accident would this play a factor in using it against him? i told them i didn't want to and i was fine and everything but they said it was procedure and they had to so this is also worrying me
Expert:  J.Hazelbaker replied 5 years ago.
As long as you have an explanation for the injury, it shouldn't impact the prosecutor's decision any differently than had it not been taken. I'm sure it is standard procedure for them to take it, even if you protest, but it shouldn't change the outcome we have already discussed. If the prosecutor believes you, then there is a good chance the case would be dismissed.

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