My friend in CA wants to retract the statement that she gave to the police regarding Domestic Violence case and the police has detained him and set his bail to 50 grand which she cant afford. How does she go about getting him released?
Hi and thank you for using JustAnswer!I am sorry to learn of these circumstances. Please clarify: when is the next court date scheduled for?
My friend has spoken to the police who said there is nothing they can do and that her husband will appear in court on Monday. This incident happened 2 hours ago in California state
Thank you.First, it's important to understand that the police are right, it's out of their hands at this time.Second, it's important to understand that it's out of your friend's hands at this time. Your friend does not control the jail keys.What your friend can do is go to court on Monday, meet with the prosecutor, and express her desire that he be released. At this time, only the prosecutor can dismiss the charges.Understand, however, that if your friend says that she made false statements to the police, she can be charged with the crime of making a false police report.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. Please let me know if there is anything else I can provide to give you excellent service!"
Thanks for the response. No, she did not make a false statement to police. What she had told the police is accurate but was not aware of the consequences and now would like to drop all the charges against her husband. She is new to US and doesn't have any friends to help her out on how she is supposed to go about dropping the charges. So, does she need to hire a lawyer to represent her husband on monday? How will she ensure that she can release him - what are the possible steps that she needs to take (notarized statements etc) to ensure that charges are dropped and he is not indicted?
She does not need to hire an attorney. He can hire an attorney or ask the court to appoint an attorney to represent him.When she goes to court on Monday, she needs to check in with the clerk and ask where does she go to meet with the prosecutor. She needs to speak with the prosecutor about her wishes. That's all she needs to do.
Does that ensure that his charge sheet is clean and it does not appear in any of his records? Will she have to pay anything to get the charges dropped or will it be a direct yes/no situation?
She will not have to pay anything. The prosecutor will listen to her request and say yes/no. The prosecutor has the final say.I hope this helps to clarify things.
Handling criminal and probation matters for over 14 years.
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