My name is XXXXX XXXXX I am an experienced criminal
You wonder why you got arrested when your husband lied about what happened and admitted he'd lied. I can tell you.
Once upon a time the police had discretion not to act under these circumstances. They would get a call from a neighbor or from the husband or wife and they could walk in, see that everything is fine, hear that nobody was interested in pressing charges and walk back out again. Or they could see that something did happen, but if the people involved had changed their mind about the police and the situation was calm and stable, the police would just go.
Those days have been gone for many years now. WIth domestic violence
in the limelight, the laws have toughened. The police have no discretion and if there's a domestic complaint
they must make an arrest. In this case, your husband showed as having injuries. That was good enough for the police to you in because they don't need much more evidence for an arrest. They just need to believe that it was likely that a domestic assault occurred and that you probably committed it.
Once the matter from there is turned over to the prosecutor the case no longer belongs to your husband but to the prosecutor who brings charges on behalf of all people in the state. They do not have to drop the charge just because your husband thinks they should, and they will tell him that.
Am I saying this is how it should be? Absolutely not. But as it is now, the police were acting appropriately within in the scope of their duties and are immune from suit or prosecution absent negligence or misconduct, neither of which appear in your rendition of what happened to you.
If your husband wants the charges dropped he ought to find the prosecutor assigned to his case and talk to him or her before the court date and tell him what really happened. He should let the state know that he does not feel he is at risk, needs no protective order against you and does not with to go forward with a prosecution.
. The odds are very good, however, that he will be told that the State can and will go forward without him. From there, he will have to enlist the aid of your lawyer to double-team the prosecutor and see if charges can be dropped.
You can go to your first court date and plead not guilty and see what will happen. That is, if your husband's attempt to drop the case has been successful, the case can be dismissed in court. But if it isn't, you'll be expected to either take a plea or to fight the case, maybe as far as trial
. And while you have facts in your favor, without a lawyer, you are not likely to prevail and can end up with a conviction and a criminal record
. So you should try to get a lawyer -- many will take credit card
payments, which can be helpful as you can pay them off -- if this case has to be fought to be disposed of safely.
I am sorry to be the bearer of bad news, but it's best to be safe rather than sorry when your record is concerned.