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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92809
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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prosecutor wants to meet up with me to press charges on my

Resolved Question:

prosecutor wants to meet up with me to press charges on my wife. should i speak or plead the 5th
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me if you want to have your wife charged, or, you are attempting to prevent it? Keep in mind, I do not have the background as to what has happened unless you tell me.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


its a dv charge i am the victim argument she accidentally hit me made me mad called the cops wich was a wrong move gave a statement now they want to prosecute i want charges dropped but they say its not up to me she has no priors can u plz help

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I see you opted out your previous expert, who was merely asking you a question to get some additional information. I am a different contributor looking to provide you information you are seeking for educational purposes only.

Under the laws, domestic violence cases are a bit different than other criminal cases in that on a DV case, the state is the actual victim in the case and you are merely the complaining witness. What this means is that while you can tell the DA you do not want to prosecute the case and can even give the DA an "affidavit of non-prosecution," which is a sworn statement you do not want to prosecute, ultimately you do not have the final say because the state is the victim and you are really only a witness.

In a DV case, the DA can prosecute without your testimony if they choose as long as they have sufficient other evidence to support the charges. Thus, even though you can refuse to testify in the case, ultimately the DA has the right to continue to pursue the case.

You can simply refuse to cooperate with the case and tell the DA you are not testifying. The DA can subpoena you and if the DA wants to play hardball, which most do not want to do, he can try to force you to testify and you could take the 5th on the basis that if you recant your statements in the case it could incriminate you for filing a false report, usually it will not get that far though and the DA will ultimately dismiss these cases.

However, you should get your wife an attorney if he refuses to dismiss when you tell him you will not testify and then work with her attorney on the case to seek to get it dismissed.



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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.


Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92809
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 11 other Criminal Law Specialists are ready to help you
Expert:  Law Educator, Esq. replied 1 year ago.
Did you have any follow up questions I could assist you with?

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Law Educator, Esq.
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Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience