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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34264
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in Kansas. My domestic partner and I got in a heated

Customer Question

i live in Kansas. My domestic partner and I got in a heated arguement during which time I was drinking alcohol. Things escalated and as I was taking a drink of beer, he tried to smack the can out of my hand. The can hit my upper lip and caused a cut on the inside of my lip. I called a family member from out of town to come get me. He left. The family member called 911. Police arrived. I was so emotional and upset and wrote a report. I left for a week. We stayed in contact during that week and I went back. He has gone to counseling and have not had any previous incidents before this happened. He received a summons to court. I am not wanting to recant my statement. What happened did so very quickly and at the time wasn't real clear to me, and I know that because of my drinking, I overreacted with emotions, and wouldn't have gone through with writing the initial report. I wasn't thinking clearly at the time. Is there anything I can do to request leniency to the court or to nthe prosecuting attorneys office?
Submitted: 2 months ago.
Category: Legal
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has he been formally charged with any type of domestic violence?

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Did you relate to the officers what happened with the beer can or tell them something else?

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.thanks

Barrister

Customer: replied 2 months ago.
He has only received a Summons to appear in court on Nov. 14, 2016 for Domestic Battery class B person misdemeanor. I wrote in the report that he smacked the beer can and it hit my lip. I can't even find the copy of my report. Pictures were taken of the beer can, and I was still drinking while I was writing the report.
Expert:  Barrister replied 2 months ago.

Ok, in a situation like this, if he has been charged with a criminal offense, then it is between him and the State now as you just filed a complaint and will be a witness in the case. The State decides whether to file a formal criminal charge or not.

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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 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, witnesses, and physical injury, then while it will make their case a little more difficult, they can still proceed.

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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 and any photos.

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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.

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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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You can wait for the prosecutor to contact you and then explain that this was just something minimal that got out of hand and see they would put him on probation and then dismiss the charges, but that is going to be more up to your partner and his attorney to negotiate out.

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thanks

Barrister

Customer: replied 2 months ago.
There was never an arrest.
Expert:  Barrister replied 2 months ago.

Ok, that is just what normally happens in a domestic situation.. The fact that the charge was placed is what is relevant to the situation and whether you agree to testify or not will have a big impact on the case..

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thanks

Barrister

Customer: replied 2 months ago.
Could they take into consideration that he has no previous record, and he initiated counseling?
Expert:  Barrister replied 2 months ago.

Yes, that would definitely come into play in mitigating any penalty that might be imposed..

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thanks

Barrister

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