Criminal Law Questions? Ask a Criminal Lawyer.
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.
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.
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.
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.
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?
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