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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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my friend called me and said his girlfriend (he had been living

Resolved Question:

my friend called me and said his girlfriend (he had been living with for 6 months) had beat him and could I come pick him up..I did and then he went back over to get some things she attacked him again causing him to push her off..and she fell, she called 911 and he was arested the next day she put a restraining order on him, but the very next night she picked him up and took him back ..the restraining order was dropped but he is still to appear in court March 17th for the Domestic part...what can he do? and can she drop the charges sence she took him back?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JD replied 7 years ago.

He is playing with fire.


If she had him arrested wrongfully she could be charged with false reporting and perjury. Though she does not have say so over the outcome of the criminal charges she can contact the state's attorney and express her wishes. Since the state's attorney will make the ultimate decision, he should be very careful not to make incriminating statements to anyone and should seek counsel with a local attorney. It is vital that he not place himself in jeopardy of further criminal sanctions.


Again, if she went so far as to charge him wrongfully he should take care not to put himself in a position to suffer a similar future occurrence.


Basically he should seek an attorney's help at this point and not speak to anyone about the case until it is resolved.


Please reply if I can help further.



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Customer: replied 7 years ago.
o.k but if she did take him back the next live with her and let him drive her car...and she also did not show for up for the other charge of Restraining order..what are his chances of getting the Domestic Case dropped?
Expert:  JD replied 7 years ago.

His chances are very good. However the state's attorneys are used to victims being reluctant to prosecute so he should be on guard for an aggressive prosecutor. This means keeping his mouth shut and having an attorney present. The prosecutors are interested in convictions and will immediately be biased against him.


He should keep this in mind.


Please reply if I can help further.