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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16338
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a Simple Affray charge be removed & fought with the

Resolved Question:

Can a "Simple Affray" charge be removed & fought with the DA?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Where (what state) did the arrest occur?

What do you mean by "removed and fought with the DA?
Customer: replied 4 years ago.
I got a lawyer who at first said it would be easy to drop the charges. My wife came home again after 3am, drun and belligerent, yelling and screaming. I've gotten her out of jail 3 times before & she has 3 felonies, just a bad record. I explained to him I need this closed or the court date moved closer, as I am on suspension till this is resolved. He seemed confident he could resolve it quickly, but now he's not returning my calls, blowing me off & after I already paid him a $1000. I have no record in the military & am good man who had a child by a bad woman. She's been caught with a man in the house while I was a t school & came home early. The police were called and documented it. I need this case closed and gone. I think the lawyer is ripping off, he's a former prosecutor of the same county.
Customer: replied 4 years ago.
Hello anyone there?
Expert:  Zoey_ JD replied 4 years ago.
Unfortunately, domestic violence incidents are never particularly easy to get dropped. It's because the whole issue of domestic violence is a politically hot topic, and no judge or prosecutor wants to look soft on this sort of crime.

I don't know if you are the defendant or the complainant here but, before a domestic matter will be dismissed, the complainant has to tell the prosecutor that he/she is not interested in testifying against his/her spouse and will not be cooperating. The prosecutor will try everything he can to change the complainant's mind, but if there are no injuries and no witnesses they need the complainant to make the charges stick. So if the complainant keeps on saying that the incident was nothing more than a drunken misunderstanding, eventually, and with the assistance of the defense lawyer, it should go away.

But my experience has been that it won't be a quick dismissal. Prosecutors know that complainants frequently just want to drop a case because they are afraid of retaliation by their spouse if they continue to press charges. That's a known phenomenon with these types of cases. So to rule that out, they try to keep the case alive for as long as they can. In that way, the complainant gets a protective order and the state gets to make sure that the complainant isn't at real risk. I don't think your lawyer is ripping you off just because he can't meet your time frame. He probably thinks perhaps that as a former prosecutor in the same county, he could get this matter dismissed more quickly because he knows people in the office. But domestic violence cases are a breed apart. You can certainly find another lawyer, but I doubt that the matter will resolve any quicker.

'_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 10/2/2009 at 1:45 AM EST
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16338
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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