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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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was wondering in ga is there a form of affidavit for non prosecution.

Customer Question

was wondering in ga is there a form of affidavit for non prosecution. Wife and I rarely drink (she almost never drinks more than one drink) we got into an argument and I broke something (nothing touched her and I never raised a hand in any way to her) Just after that wife got real mad from something I said and she called 911 She was intoxicated when officer spoke to her and mad. She got some facts messed up, and left out some things (or officer intentionally left things out) Anyway was charged with simple assault (fear), even though wife told officer she was never afraid I was going to hit her at any time. We have been married 27 years Wife was against arrest and prosecution. Just trying to get someone's opinion how they would seek a dismissal or go forward
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 4 years ago.
Hello. My name is Alex and I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Unfortunately, if you were arrested and charge with this crime of domestic violence simple assault, it would not be up to your wife whether the case gets prosecuted, but up to the local state prosecutor, thus there is no affidavit for non-prosecution that exist, since it is not your wife, but the state that is prosecuting you.

I wish you the best of luck and please let me know if you have any related follow up questions.
Expert:  Alex J. Esq. replied 4 years ago.
Dear Dan,

I have provided you with correct and accurate answer to your question.

Can you please let me know why you feel that my service was "bad"?

Please keep in mind that I do have professional obligation to provide JustAnswer.com customer with correct information, even when an answer is not favorable to the customer.
Customer: replied 4 years ago.

Again I was asking how a defense attorney would proceed. I do know the case is controlled by the district attorney and not my wife. She was drinking when she called 911 and not to accurate with her statements to police, as she realized when she saw police report. She is willing to prepare an affidavit to correct her statement. I was just trying to get a second opinion on how a defense counsel might proceed in such a case.

Expert:  Alex J. Esq. replied 4 years ago.
Dear Dan,

Thank you for your follow up.

Did you retain an experienced local criminal defense attorney to defend you in this case?

Was there any type of protective / stay away order issued by the court in this case?