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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My name is ***** *****. I would like some advice on a

Customer Question

My name is ***** *****. I would like some advice on a situation I am involved in...I was the victim/complainant in a domestic battery/terroristic threatening case that is going to a bench trial this week. I have been subpoenaed, but Prosecuting Attorney has not responded to my calls. I regret the way things happened, and want to know how I can proceed to request charges being dropped or plead the court for leniency? Can I submit a letter to the judge and submit with the court clerk to be considered during the trial? Or do I have to do that verbally? I am just not sure of the process. The only contact I have had during this whole process are letters of court dates, no contact order, etc. I need some insight please. Thanks for anything you can provide.
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes. My then live-in boyfriend and I were having problems. I went into police station to ask him to be removed from my home to avoid more problems. They said he had to be evicted. About a month later, things escalated and I went in again to beg them to remove him. The officer asked what happened to my arm and I said my bf had shaken me. He then said I should file report. I did not want to. He said he was obligated by law to file even if I didn't. I was scared. And, filed a report that included details about the incident and times were he had threatened me. He was then arrested and charges filed. I feel very strongly that he has mental issues that caused him to react in the ways he did and do not believe he meant to harm me in anyway. I have not reconciled with him, but feel responsible....
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello. I will help you with your questions. I have been an attorney for 26 years.

There are several things you can do:

  • Since the prosecuting attorney is not answering your calls, you can write a letter indicating that you wish to drop the charges and state that you do not want to testify against your former boyfriend. If the case is due to be on in court soon, you can email the prosecuting attorney or send the letter overnight. State what you want to do in the letter and ask the prosecutor to call or meet with you.
  • You can also write the supervisor of the prosecutor (usually called a Bureau Chief) and indicate you have tried to speak with the prosecuting attorney but he or she has not returned your calls. This is not how a victim of a crime should be treated.
  • Since you were subpoenaed, you must appear in court. If the Prosecuting Attorney will not drop charges, you will have to testify because you have been ordered to do so. In many jurisdictions, prosecutors will not drop charges even when the victim does not want to go forward. There is a fear of publicity if something bad happens once charges are dismissed.
  • Yes, you can also send a letter to the judge. You can send this letter overnight as well addressed to the judge indicating you don't want to go forward against your ex boyfriend. You can also ask the judge for leniency in sentencing. Judges receive many such letters from family members and complainants.

I hope all works out for you. Please let me know if you have more questions. I will be happy to help more. If you are satisfied with my help, please rate my service.​