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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23530
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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M y neice and her live in boyfriend got charged with battery

Customer Question

M y neice and her live in boyfriend got charged with battery on each other. They are a good couple who drank to much one night and fought. They are both charged with battery and have to go to court. Do they have to get a lawyer to get them out of this mess. They love each other and have never had this problem. It was all about keeping someone from driving under the influence.
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hi,

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

Expert:  Zoey_ JD replied 3 months ago.

Hello,

When there are cross complainants as here, and if neither party has injured the other seriously, the prosecutor can frequently be compelled to allow each defendant to simultaneously drop charges against the other.

Judges do like to know that complainants/defendants have made this decision after having been advised appropriately of what their rights are and what they will be giving up. Additionally, sometimes prosecutors are resistant when it comes to dropping domestic violence cases, as its contrary to policy. The prosecutor can use an extra nudge sometimes to get the cases dropped.

For those reasons and because this charge is a violent misdemeanor charge and should be handled correctly, it is best that each defendant has a lawyer on their first date. Hopefully, they will only need to come to court that once and the prosecutor and the judge will let them drop.

Can they do this without a lawyer? Maybe, but it's worth the money to make sure it's done correctly.

Expert:  Zoey_ JD replied 3 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.