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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3970
Experience:  9 years legal experience, primarily in criminal justice
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my girlfriend and I lived at her garandmothers house last summer

Customer Question

my girlfriend and I lived at her garandmothers house last summer one night after I got home from the bar we got into an argurment out front on the sidewalk and her grandmother swung an aluminum ball bat at me I took it away from her and the next day she called the police and said i struck her in the face with my fist. This never happened. I have a witness that saw the whole ordeal and will testify to the fact that it never happened. I recently moved out of state and I need to know what I can do to make this go away. I do gave 2 previous misdemeanor convictions and 1 felony conviction and in thae state that the charge stems from I qualify for the mandato minimum sentence. I really cant afford to go to jail right now. What can I do?
Submitted: 4 years ago via LegalMatch.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 years ago.
Hello. Have you been charged? If so, what has happened with your court case so far?
Customer: replied 4 years ago.
A warrant was filed on 10/15-09 i found this out when i applied for a job. I have moved out of state so im not sue what has happened other than the warrant. the police were looking for me for about a week maybe two weeks ago.
Expert:  Hammer O'Justice replied 4 years ago.
Thanks for the additional information. Unfortunately, when there is a warrant out for you, you will have to go through the process of turning yourself in and going through the bail process. Otherwise, you can basically be arrested any time, even in the new state. And if you are arrested in the new state, they can hold you for up to 30 days while the state that issued the warrant decides whether they want to extradite you. Once charges are filed, only the prosecutor's office can dismiss them, and they won't even really get the case to review until you have been booked and given a court date. You should hire a lawyer or contact the public defender's office to see if they can assist you with the warrant. They can then represent you in court once your case is set in for trial, and they can summons your witness to testify on your behalf.
Customer: replied 4 years ago.
there is no way i can have my girlfriend send the statement to the prosecutor and have the charges dropped?
Expert:  Hammer O'Justice replied 4 years ago.
She can request that the charges be dropped, but it is entirely up to the prosecutor. A lot of the time prosecutors will proceed on the charges in domestic cases even when the victim tries to recant their story because in many instances, they recant because they are afraid of their abuser. The main problem is that until the arrest warrant is served, the case is in limbo, because the police have already filed charges and the prosecutor's office hasn't yet gotten the case. Nothing can be done with the case until the warrant is served and the case enters the court system.

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