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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24965
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm trying to figure out how to get my fiance's assault 2

Customer Question

I'm trying to figure out how to get my fiance's assault 2 dropped. Could you help me?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
My fiancé is in the military and I got in his face and threatened him by saying I was going to hurt him and I began to raise my fist and he choked me to restrain me and my neighbors called the police. When the police arrived they saw marks on me and asked for my statement. I kind of didn't tell them the whole truth of the situation because I was just so pissed off at him and didn't think he was going to get in that much trouble. Now he's in jail and I'm not and I can't help but to feel so guilty. I said some horrible stuff and went to strike him. I was wondering how he can get the charges dropped or removed. It's not fair that his life can be ruined because of me. i need to go to tell truth to somebody but don't know what to do.
Expert:  Zoey_ JD replied 1 year ago.
My name is ***** ***** I am an experienced criminal lawyer.
Is your husband's case pending in state court, or is this a military matter?
Customer: replied 1 year ago.
today it got NCF'd from the county superior court and now the city it happened in picked it up and they lowered it to 4th degree. I am trying to "recant" my statement. I'm not saying that he didn't put his hands on me but I need to tell the whole truth about what happened since I left everything I did out of the police statement. I truly believe he was self defending himself. I was highly intoxicated when I wrote my statement and failed to tell the police the whole truth because I didn't want to go to jail. My neighbor is the one that called the police and I wasn't expecting the police to show up. So now I don't want to lie in court if I have to testify or anything because I didn't tell the whole truth in the beginning. I never told the police i threatened him and slapped him and I know he deserves an fair case. He has an arraignment with the city on Wednesday, what can I do?
Customer: replied 1 year ago.
should I withdraw my statement? And/or write another statement because I was highly intoxicated. OR do I need to add to my statement. I can't even remember what I wrote on my first statement. All I know is the police never asked what I did I just told them what he did to me. I was scared I was going to get in trouble. But I know I was trying to attack him basically and he was honestly and truly defending himself. Who do I submit a withdrawal to? Do I just wrote another statement and get it notarized?
Expert:  Zoey_ JD replied 1 year ago.
You need to find out the name of the prosecutor who will be handling the case and try to see him/her in person before Wednesday if you can manage that or before your fiance's arraignment on Wednesday. You can do it after the arraignment, but to get rid of this case as soon as possible it's best to do this sooner rather than later. Then, you need to tell the prosecutor all that you have said above: that you were drunk and out of control, that if he put his hands on you it was only in self-defense, that you are not afraid of your fiance, that you need no protective order, that you were so drunk you don't even remember what you said to the police, but you do know that you were trying to attack your husband, that you don't want him prosecuted and would like the case dismissed.
This case does not belong to you any more. It's the prosecutor's and he can go forward whether you want to or not. But you are the chief witness against your fiance, so if this is what you're going to say on the stand, it's not very helpful to the state. Therefore, even if he wants to go forward, if you keep telling the prosecutor you don't want to have him prosecuted and this was your fault rather than his, eventually, something favorable to your fiance can be worked out.
As for your fiance, he needs a lawyer badly. A conviction for domestic violence will lose him his gun rights under Federal law and as a member of the military,that would have serious repercussions. If the prosecutor is not interested in assisting you, make sure your fiance's lawyer knows what actually happened and that it's your fault and that you're trying to drop the charges.
Customer: replied 1 year ago.
should I write a hand written statement withdrawing my statement and get it notarized and provide it to the prosecutor and his public defender versus just calling him and telling him? Or should I go to the police station and write another statement..
Expert:  Zoey_ JD replied 1 year ago.
You should do what I told you to do. SEE THE PROSECUTOR IN PERSON BEFORE WEDNESDAY.
This matter is outside of the hands of the police because your fiance has been charged already. You're the alleged victim in the case, so the prosecutor will want to speak to you. If you want to hand him a revised statement, you can do that too. Make a copy of it for your files and another for your fiance's lawyer.
But see him in person. That way he sees how important this is to you and can ask you questions and resolve any doubts he may otherwise have if he's just dealing with a written statement.
Good luck.
Customer: replied 1 year ago.
They(paralegals)won't let me talk to the prosecuting attorney. They told me I have to go down to the police station and make another statement. I think I'm going to write my own statement as well to the prosecuting attorney with what I said to you above since I can't talk to him/or her. Do you think that'lol work?
Customer: replied 1 year ago.
if I make a statement do I still need to add to the police report?
Expert:  Zoey_ JD replied 1 year ago.
Generally, once a case has been filed with the court, the matter is out of the the hands of the police. They can no longer change your report. But if your state's procedure is different, follow the procedure you were told. Prepare a statement for the police, make a copy for the DA and your fiance's lawyer hand it to both of them on the court date before the arraignment.
If you can't get to give it to the DA, give it to the defense lawyer to give to the DA.