Criminal Law Questions? Ask a Criminal Lawyer.
Good Day ,
I am a US Attorney and I'll be answering your question today
What charges have been filed?
Are there any witnesses ?
domestic violence and Felony choking /strangulation.
and yes alot of witnesses that were drinking there was one sober person and that was my mom in back seat
My advice is restricted to advice surrounding the general principles of law governing your issue and you should not act on this advice but seek further clarification from a specialist in your County.
If you aren't willing to give evidence against your husband for domestic/violence or assault this charge will be dropped. You will be a hostile witness so the cops won't go ahead with that one, even if some of the group gave evidence to say that your husband was choking/assaulting you, your indication to the police that you will not be giving evidence against your husband, should be enough for them to drop that.
Otherwise, he can be charged for public order,drunk in a public place offense, and perhaps affray. Affray is a more serious charge, my opinion is that they are limited to a public order charge, and if they have no witnesses, absent an admission, that can be dropped also. It seems there action rests with you. If they saw anything themselves, they can give evidence of what they saw.
Thank You for your question.
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I told my side to prosecutor she read police report to me which said I told them he hit and choked me which I did not. I said he pushed me back his arm was on my neck. I was irritated w officer because more concerned w my sons well being he asked over and over did he hit or choke I said pushed back w arm so whatever it is u wanna call it Mind had been drinking and my son just got tazard that was my focus. The office the took what I said and wrote he hit and choked me so now state takes over I have no say. she already told me she would drop the felony charge if he would take the domestic violence charge. but we are not going to agree because domestic violence is horrible on ur record as well as he works in canada a lot and he would not be allowed with domestic on his record. do we have a chance of beating this if we take it to trial. there was no domestic violence so not going to agree to on plea of dropping felony but accepting dom violence charge
The State can't bring a successful action without you testimony.
The State is precluded in using evidence of what you said. It is called hearsay and inadmissible in a court.
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so at the first hearing if im not pushing charges it will be done at that point. because they have no case
so at the first hearing if im not pushing charges it will be done at that point. because they have no case. i dont understand your answer
why didnt the prosecutor drop it after telling her my side and that i wasnt pressing any charges. is that due to her not being on my side cause if im the victim she would be prosecuting for me but i dont agree with charges so who then is she prosecuting for the state or ? i dont understand
Well sometimes the person changes her mind. If tomorrow your husband did the same thing again, you might reconsider pressing charges.
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