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attySince1978
attySince1978, Attorney
Category: Legal
Satisfied Customers: 931
Experience:  Attorney for 30 years with over 500 arbitrations and trials representing over 2,000 clients.
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I WAS CONVICTED TO TWO FELONY AND I HAD MY GF ARRESTED FOR

Customer Question

I WAS CONVICTED TO TWO FELONY AND I HAD MY GF ARRESTED FOR DOMESTIC BATERI I HAVE A COURT HEARING ON JAN 13 2009. IM JUST GONNA ASKED IF MY GF IS WILLING TO TESTIFY THAT I DIDNT HIT HER IS THERE ANY CHANCE THAT I WILL BE FREE, AND WHAT WILL BE THE CHANCES TOP BE JAILED.
Submitted: 8 years ago.
Category: Legal
Expert:  attySince1978 replied 8 years ago.
As you know, the Court are tough on domestic violence cases. The Courts tell everyone that it is their policy to continue to prosecute even though the victim refuses to testify.
The District Attorney will put pressure on your girlfriend to say that she was battered and will tell her that they will charge her with filing a false report if she refuses to testify.

I have handled similar cases in the past. The last case I had, the victim stood up in open court and testified that the police officer did not write a police report that accurate as to the events. She testified that the report was inaccurate and she did not tell the police officer the things they claim she said in the police report. The witness said that she started the battery case and that the arrested party was only defending himself. The Judge allowed her to drop out of the case and the case was dismissed.

Perhaps you can have your GF testify that the police report is inaccurate in describing who was at fault and also inaccurate in it's description of the facts of what actually happened. A lot of the case hinges on what she is willing to testify to.

I have not read the police report so that I cannot comment of any strategy that you can use, however, if you did not hit her than her testimony will be very important in dismissing your case.

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