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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23526
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend is now facing criminal charges of battery and

Customer Question

my boyfriend is now facing criminal charges of battery and want to know if I can drop the charges
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: Georgia
JA: Have you consulted a lawyer yet?
Customer: No ma'am
JA: Please give me a bit more information, so we can help you best.
Customer: He didn't cause any serious permanent injuries. I had a slight sprained neck and a few scratches. He tried strangling me but not to the point where I was unconscious
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: My parents doesn't like him and have a restraining order against him.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Customer: Also, we have a child together
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 6 months ago.
Expert:  Zoey_ JD replied 6 months ago.

Unfortunately, once a domestic incident becomes a police matter, the case does not belong to you any more. It is the DA's and he can choose to prosecute whether you want to or not.

As a matter of policy, DAs across the country do not like to drop charges. That's especially true where there are injuries or allegations of violent behavior, such as an attempt to strangle you.

Still typing. More to come.

Expert:  Zoey_ JD replied 6 months ago.

As a practical matter, however, a DA needs the testimony of his or her complainant if he hopes to get a conviction. So he will be willing to talk to you, and you can certainly try to convince him that charges should be dropped and that you are not at risk of being injured or killed at his hands, because this is what the prosecutor would be most concerned about.

Expert:  Zoey_ JD replied 6 months ago.

In my experience, the DA won't be particularly sympathetic, especially right now. He will likely tell you that he can compel you to testify against your boyfriend whether you want to or not or arrest you for contempt if you don't. However, as time goes on, once he understands that nobody is forcing you to drop the charges, he may soften his position.

Expert:  Zoey_ JD replied 6 months ago.

If the DA turns you down, you need to talk to your boyfriend's lawyer and let him know you've been trying to drop charges but the DA will not let you do so. Ask him if there is anything you can do to help him because you really do not want to go forward.

Generally, once the complainant and the defense attorney both press for the charges to be dropped, some disposition that is reasonably favorable to the defendant can be worked out.

Expert:  Zoey_ JD replied 6 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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