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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I want to know what are the chances of getting my domestic

Customer Question

I want to know what are the chances of getting my domestic violence charge thrown out my wife does not want to press charges.
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: i said chances
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?
Customer: yes I bonded out and it is in Alabama and only 3rd degree i never been arrested and Im in the army and Im a criminal justice major and this will ruin my life if convicted.
JA: Have you talked to a lawyer yet?
Customer: No i just got out a couple of hours ago and i am so paranoid
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats it
Submitted: 8 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Prosecutors rarely drop charges just because a victim doesn't want to move forward. Domestic violence is taken very seriously and the last thing a prosecutor wants is a victim to drop a charge and then something to happen.

If the victim’s testimony is different than what they initially told police, the prosecutor will cross-examine the victim with the statements he or she made to the police or on the 911 call (these are always recorded). If the victim doesn’t want to come to court at all, the prosecutor will still subpoena the victim. A subpoena is a court order to appear. If the victim still does not appear for trial, the prosecutor may move to continue the trial or try to prove the charges based on the defendant’s admissions.

It's certainly not a bad thing she doesn't want to press charges, and she can contact the prosecutor's office about the matter. In Florida, for example, the prosecutor's office will sometimes have a victim sign an affidavit that they do not wish to move forward and that they are voluntarily seeking dismissal. But, its entirely in the discretion of the prosecutor whether to offer anything.

If the prosecutor won't listen to wife, you should let your lawyer know she doesn't wish to cooperate --sometimes pressure from your lawyer on the prosecutor is enough to work out something. If they won't drop the charge just with her asking, they may be willing to offer some sort of pre-trial intervention, where in exchange for following the terms set out by the court -such as taking an anger management or batterer's class, doing community service and paying court costs, they agree to dismiss the charge.

Expert:  RobertJDFL replied 8 months ago.

Was there anything I could clarify about my response or additional information you needed?

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have. In return, I ask that you show good faith in compliance with the Terms of Service by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Thank you!