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J.A Evans
J.A Evans, Lawyer
Category: Criminal Law
Satisfied Customers: 24
Experience:  Prosecuted misdemeanor and felony level offenses for ten years. Worked as a judicial law clerk and wrote the judicial opinions.
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I am in desperate need of advice. A month ago I had a warrant

Customer Question

I am in desperate need of advice. A month ago I had a warrant taken out for my fiancee on domestic charges. I am in treatment for my drug addiction now and I was on a binge and disappeared from home. My fiancee was worried to death and lookong for me. I pulled up at the house and he pulled in right behind me. All he did was wrao his arms around me and beg me not to go. I wouldn't listen amd screamed at the tip of my lungs for help and the pol ice were called and a warrant was put out for aggravated domestic assault. Since then I have tried contacting the distrist attorney twice and have left a voicemail for the officer who wrote the report and filied the warrant. I told them I was high and that I am currently in treatment and that everything in the report was mosconstrued and that my fiancee has never put a hand on me. I really need to find out how to get this warrant dropped as soon as possible because he is on community corrections and is already awaiting trial on a violation so this new charge is going to cause us nothing but misery especially for something he couldn't do. We live in tennessee and any advice will be much appreciated. Thank you
Submitted: 8 months ago.
Category: Criminal Law
Expert:  J.A Evans replied 8 months ago.

J.A Evans :

Hello, I hope to help you with your question today. I am sorry to hear about your predicament. However, It sounds like you are taking the right steps. First thing is to get yourself clean and on the right track. That will help the District Attorney to take you seriously. Next, contacting the DA is the best step. However, once the police are involved you have very little control. Charges are filed by the State, not the victim. The DA has the ultimate control over what happens on a case. They can make you testify even if you don't want to even when they know you may deny the original report or statement filed. The DA has the task of protecting all the public from the defendant, not just you. So if they have enough evidence to convict someone they have the ability and obligation to pursue justice in the matter even if you do not want anything to happen on the case. With that said, you do still have some things that you can do. Contacting the DA is one good way. Make a phone call, write a letter or go to the office and meet with the attorney that is assigned to the case. The office may also have a victim coordinator who can meet with you and get an affidavit of non prosecution signed so that you can officially sign saying you do not want the case to go forward and why.

J.A Evans :

If it has been more than a few days since the incident, contacting the police will not be of any benefit. They pass the case to the DA and then they have nothing more to do with it until they are called to testify or do more investigation as requested by the DA.

J.A Evans :

However, you also need to make sure that you are safe. If there ever has been any domestic violence (even if it was not on this occasion) you need to find a healthy way out of that relationship. The people at the DA's office, in particular the victim coordinator, can give you contact information for others who can help you. Certainly getting away from drugs will be a huge help to you. Sometimes the hardest part of getting away from drugs is also getting away from other people that trigger use.

J.A Evans :

I know this seems like there is no quick solution to your issue. The fastest thing is probably to meet with the DA assigned to the case. I know that may be impossible if you are in-patient treatment. Ultimately though, the DA has the power here and the most you can do is keep trying to contact the attorney assigned. In the meantime, your fiance may be in more trouble if he has an active warrant and is on probation and not checking in with his agent because he doesn't want to get picked up. He doesn't need to make things worse. Best of luck to you. If I can help with anything else, let me know. Otherwise, please rate my answer so I can get credit for my work.

J.A Evans, Lawyer
Category: Criminal Law
Satisfied Customers: 24
Experience: Prosecuted misdemeanor and felony level offenses for ten years. Worked as a judicial law clerk and wrote the judicial opinions.
J.A Evans and 8 other Criminal Law Specialists are ready to help you
Customer: replied 8 months ago.

I have tried contacting the DA twice and both times they have told me to contact the police officer and talk to him about getting the warrant recalled. How does that work and what do I need to say to the officer?

Expert:  J.A Evans replied 8 months ago.
Thanks for your reply and for your positive rating. Its unusual that they ask you to speak to the officer, it may be that they have not received the information in their office from the police department yet and that is why they are asking you to contact the officer. Your best bet is to meet with the officer in person and they will probably ask you to write out an "affidavit of non prosecution" declaring you don't want the case to go forward and why. Because officers work all sorts of unusual hours you may need to contact the department several times in order to find out when to meet the officer at the station. They may come to you, but that is more often done when it is convenient for them so it may take several more days to accomplish. If you are willing to find out when the officer is on duty and meet the officer at the station you will get things done more quickly. As for the affidavit or new statement, you want to tell them what was inaccurate in your previous statement. Tell that you were confused about what was happening because of your mental state (high etc) and that you did not feel afraid or injured. Tell that you do not feel afraid in the future and you don't want anything to happen. Be cautious about saying you lied as this opens you up to prosecution for perjury.

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