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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27705
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I Am a Victum in a Domestic Aggrivated Assault, Battery, Case

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I Am a Victum in a Domestic Aggrivated Assault, Battery, Case . The letter i recived from the state is headed STATE VS ( **********)<- others name .. Any way i can have the Charges Dropped on the other person seeing as it was a Donestic dispute and i am the one who called the officers to the sceen that took the report up on my Girlfriend / Fiance . Any way i can make the court stop the persuit of the charges aginst her ?


My name is XXXXX XXXXX I am a criminal attorney.

Because of the national focus on domestic violence, if one person calls the police because of what his spouse or fiance is doing or threatening to do, there is always an arrrest. The police must take someone in. That's become the law.

From there the police turn the matter over to the prosecutor. At that point, the case no longer belongs to the complainant -- he may have started it the arrest process by involving the police, but he doesn't get to decide who finishes it - but to the prosecutor who brings charges on behalf of all people in the state.

The DA does not have to drop a charge just because you have changed your mind about wanting to go forward. Although you should go to the DA's office and speak to the assistant DA who is assigned to prosecute the case against your fiancee, and tell him/her that you called by mistake, don't want the case to go forward, want to drop charges and work your problems out together without the help of the court, the DA will almost certainly tell you that they can prosecute this case whether you like it or not, and that they won't drop it..

If the prosecutor tells you that, and in my experience, the odds are almost 100% that he will continue the case, you will have to enlist the aid of your fiancee's lawyer to double-team the prosecutor and see if he can help you to get the charges dropped because you've been trying and the DA won't do it. Her lawyer will help you because you both want the same thing -- that the case against your fiancee gets dismissed.

Usually when the complainant starts "holding hands with" the defense attorny and both push for a dismissal, something highly favorable to the defense can be worked out.

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