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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118165
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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How do I get a county prosecutor to drop a charge b/f court

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My husband and I got in a fight with a long-time issue we've been dealing with that is caused by me. One night he hit me several times amidst it and restrained me. The next day he sent me some threatening texts because he didn't know where I was and wanted me to respond but didn't think I would if he asked if I was okay. I went straight to a counselor who took me to the police and I told him everything. He arrested my husband and cited him with a class a misdemeanor of domestic violence - assault. I have argued with the police for them to drop it but they're worried about me being brainwashed into getting them to drop it. They put it through and now I'm planning on getting in to see the prosecutor before it goes to court even in three weeks. I need to know the best way to argue the case - what's going to work and what won't as far as persuading him to drop it.
These cases are not dismissed lightly. In domestic violence cases, the prosecutor does not even need you to testify to prosecute the case. You cannot argue with the police about the charges because it is not their call to make. The prosecutor is the only one who can decide whether or not to proceed with a case. The prosecutor is not likely to dismiss the case if he has evidence and does not need your testimony.

Your best bet is to set a meeting with the prosecutor and explaining your reasons for not wanting to proceed with charges against your husband. You may have a better chance with getting the prosecutor to dismiss if you agree that you and your husband will go for counseling and asking if he would dismiss the charge upon your showing him proof you have both completed counseling. Generally, this works with prosecutors better than simply going in and demanding they drop charges and telling them that you just do not want to pursue the matter.

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Law Educator, Esq. and 3 other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
How am I going to persuade him at all though. He's got a great chance for a plea bargain, which would make him go to counseling and other things, so I'm not sure the prosecutor is going to listen to me when he can just tell me that a plea bargain will do the same thing, and the state will earn money. Is there any way I can argue it or any way to best convince him? Are there certain things I shouldn't mention while talking to him the would just turn him away from dropping it?
A plea bargain will not necessarily do the same thing, because it would not necessarily include a dismissal of charges which he could then get off of his record, although he could ask for that as part of the plea bargain. The best way to convince the prosecutor is to prove to the prosecutor that you are both in counseling and that his bringing the matter to court would not be in the best interest of you or your husband or society. If you discuss the incident with the prosecutor, then he will ask you about the incident itself and anything you tell him will be used, but you cannot lie to him and say the incident did not occur, you can only keep changing the subject and keep it on the dismissal of the charges. You can also tell the prosecutor that you will not be testifying because you and your husband have reconciled.

If the prosecutor is amenable to you and your husband being in counseling, they will usually agree to hold the charges until you provide proof of successful completion and then they will decline to prosecute. There is also a chance that the prosecutor may allow your husband to enter a plea of no contest (nolo contendere) and sentence him to counseling and some probation period and fine in exchange the prosecutor will agree to expunge the case after successful completion of the sentence.
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Customer: replied 9 years ago.
I am sorry. I posted a question, but I've already found an answer before I got one, so I won't need one. Thanks

Good luck

Customer: replied 9 years ago.
Sorry, so I posted it somewhere else to get a quicker answer, but it was not very good. Yours are a lot better :D Anyways, two nights ago I was diagnosed with Obsessive Compulsive Disorder, which was the main cause of all the struggles we'd been going through, especially the night when he was hitting me. As always I was showing these major signs of straight up lying and he was trying to snap it out of me. Neither of us knew what was really going on. Plus, it's what made me really, really scared the next day when I shouldn't have been normally, so the cops thought something was way, way wrong but it was more me. When I talk to the prosecutor could I use this to persuade him to give us a chance, especially when I'm the one that needs treatment? How would I best present the argument and persuade him what's best for "me, my husband, and the community" like you've said? Should I come to him with proof that I have it and proof that we've gone to counseling? Would that help?
Thanks for the compliment. The reason our answers are so much better than other sites is that we are all actually lawyers and the other sites have lay people answering questions. You certainly can provide the prosecutor with proof that you were under the effects of a psychological disorder when the incident occurred which is an explanation for the behavior the police documented. A note from your treating psychiatrist would be helpful also. The prosecutor should have no problem dropping these charges and allowing you to go to court to get any type of restraining order that was imposed lifted.
Law Educator, Esq. and 3 other Criminal Law Specialists are ready to help you