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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35406
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My boyfriend has 3 different charges in 3 different counties

Customer Question

Hello my boyfriend has 3 different charges in 3 different counties and now might have three more charges due to an heated arguement we had. If the charges stick he will have to serve six years I am currently pregnant and I need help. What can I do to persuade prosecutor to drop the charges
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Customer: We've been together for over a year we recently moved back together
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Submitted: 9 months ago.
Category: Family Law
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Many people have the idea that because they are the person who precipitates criminal charges being filed against a defendant---because they have lodged a complaint against the defendant with the police--that they have the right to withdraw those charges. The simple fact is that it is the Prosecutor who files the charges, not the complaining witness. While the complaining witness may tell the police or the prosecutor that they want the charges dropped, the prosecutor is not obligated to follow the wishes of the citizen.

All that a complainant can do is ask that the charges be dropped, make the police/prosecutor realize that the complainant intends to testify that, upon reflection, what was initially reported to police was based on the heat of the moment and did not accurately reflect what really occurred, and that if called to the stand to testify, that the witness will recant the initial statement and testify as to the present recollection of the incident. (Note that this is only to be done if you truly believe you were mistaken---it is never appropriate to lie or to offer perjured testimony).

While in some instances this will be enough that the prosecutor will drop the matter, or perhaps enter into a plea arrangement which is more beneficial to the Defendant than what might otherwise have been offered, in other circumstances the Defendant has already given a statement to the police or Prosecutor which incriminates them and there is no longer a need for the witness/victim to testify in order to prove the elements of the crime.

In a situation like that, all that can be done is to let the Prosecutor know that there is a change in recollection, and possibly request permission to file an amended statement as regards ***** *****

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Customer: replied 9 months ago.
Will the court consider the fact that I am pregnant by him and need his help with the child and there is no use in throwing him in jail
Customer: replied 9 months ago.
I am confused on why I was charged for a membership
Expert:  LawTalk replied 9 months ago.

Hi,

You asked: Will the court consider the fact that I am pregnant by him and need his help with the child and there is no use in throwing him in jail

I'm sorry, but no, your pregnancy will have no legal impact on the court's handling of the criminal case(s).

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

If you have accidentally been charged for a membership is it because you accidentally licked on an offer that was made. I can notify customer service to remove the membership so you won;t be charred for it if you want. I will do that after you have had a chance to rate my service to you. The only charge will be your question charge you offered of $36.

Please be so kind as to rate my service to you.

I wish you and yours the best in 2016,

Doug

Customer: replied 9 months ago.
I was told my question would be answered for 5 not 36 and selected free trial. I don't understand why my card was charged for 36. And I still don't have an answer
Expert:  LawTalk replied 9 months ago.

I gave you a very thorough answer to the questions you asked.

If you need assistance navigating the system or if you have billing questions, you can contact customer service at(###) ###-####

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

Thanks in advance,

Doug

Customer: replied 9 months ago.
I am not satisfied and would like a refund

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