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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36586
Experience:  16 years practicing criminal defense.
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My boyfriend and I have a domestic dispute in which I filed

Resolved Question:

My boyfriend and I have a domestic dispute in which I filed a compliant on him which lead to his arrest. He has been released and this is his first arrest. I do not want to press charges against him and do not want the DA to prosecute him. The DA is telling me that I have to sign a deposition regarding the incident. But since I do not want to press charges and don't want the DA to go forward with prosecuting him, do I have/need to sign the deposition? Isn't a deposition used for a trial?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Barrister replied 6 years ago.

Hello,

 

A deposition is basically your statement about what happened regarding the incident. You do not have to sign any deposition, but that may not result in the charges being dropped. It just makes the prosecutor work a little harder in presenting the case.

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What most people don't realize is that once a criminal complaint is filed, it is the prosecutor who decides whether or not to pursue pressing criminal charges against the defendant. The victim is simply a witness that can be called to testify about the incident in support of the prosecution but has no power to "drop the charges" since it is the state that is the prosecutor.

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Although you are under no obligation to assist the prosecutor, they can still continue with the criminal case. They would then have to rely on any police testimony, witnesses, pictures and police reports to make their case.

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They may try to threaten you with filing a false report if you don't assist, but if you simply remain silent, there is not much they can do to you.

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thanks

Barrister

 

 

Customer: replied 6 years ago.
Ok so if I "remain silent" and do not sign the deposition, they still can use my police report, right? I just don't have to say or sign anything else, correct? And if they threathen me with filing a 'false' report than does that mean they can't use my 'false' report?
Expert:  Barrister replied 6 years ago.

Yes they can still use the report.

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You would simply refuse to cooperate and remain silent.

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But they would still be able to use the report as evidence even if they threatened you with filing a false report. They would then have to decide whether they have enough evidence without your testimony to pursue the case.

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thanks

Barrister

 

 

Barrister and 3 other Criminal Law Specialists are ready to help you
Expert:  Barrister replied 6 years ago.

After conferring with one of our other Experts, one other thing that the DA may do is subpoena you to come to court. You would have to appear or face the possibility of being held in contempt of court. You wouldn't have to testify as you can not be forced to do so, but they can make you come to court.

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thanks

Barrister