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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36642
Experience:  Attorney with 16 years experience
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I had some issue with my husband and i called police, police

Customer Question

I had some issue with my husband and i called police, police took my husband and he is in jail now. Now I realized my mistake and i want to withdraw my case. How can I bring him back without any criminal offense?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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What many people in situations like this don't realize is that once someone is arrested and charged with a crime, the case is then between the defendant and the state. The victim in the situation will just be a witness for the prosecution when they move forward to try to prove their case.

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The person who called the police has no authority to "drop the charges" after the police have arrested someone after a alleged crime has occurred. The District Attorney files the charges against the defendant and only he can modify or drop them.

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You can refuse to help the prosecutor and not testify, but if there is other evidence like photos, police testimony or witnesses, and physical injury, then while it will make their case more difficult, they can still proceed.

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But if there were no injuries and no pictures taken, then essentially if you refuse to testify the prosecutor will have to go off the police phone call and any officer testimony about what they saw at the scene.

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The prosecutor can try to scare you by saying they will file charges for filing a false police report, but if you simply remain silent and do not say anything, they can't prove it was a false report either. But if you don't appear, the judge can issue a bench warrant for your arrest and hold you in contempt of court and impose jailtime of up to 6 months.

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So if you don't want to testify, you can just show up and say you are "pleading the 5th" and are asserting your right to remain silent.

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thanks

Barrister

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