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I got arrested for simple assault but not by the person who

inso called assaulted the officer...
I got arrested for simple assault but not by the person who inso called assaulted the officer pressed the charges eventho it was just an argument between my girl and I. She told the officers that I didn't assault her and she was scared or anything like that but they still took me in. What's possible results for this?
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Answered in 1 minute by:
5/22/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,076
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

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Customer reply replied 6 months ago
Ok please review and get back to me thank you

If your girlfriend told the police you never assaulted her and she didn't want to get charges pressed, then she needs to call the prosecutor's office and ask for the prosecutor who has been assigned to the case against you, make an appointment to see him or her and tell him what she told the police -- that she didn't want charges pressed, that this was just a verbal argument with no aassault, that she's not fearful for her safety and that she doesn't want to go forward with the case.

If the prosecutor refuses to drop the charges, then you need to let your lawyer know that she's tried to drop but that the prosecutor won't let her do it. He can confirm that with your girlfriend and let the judge know this.

Generally, when the complainant and the defense attorney double-team the prosecutor to drop charges, something favorable to the defendant can be worked out.

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Customer reply replied 6 months ago
Ok next question is im on an ard probation program in pa for a dui. I normally would have to make my po aware of any issues that I have. Would this situation be a violation of my
Probation?? Even though there is a chance that this case would be dropped? And in most cases when the complainant wants the charges dropped does the prosecuter not comply to that? Also should I make my po aware of the situation right away or wait until my girlfriend talks to the prosecuter?

Probation doesn't violate just for the arrest. They will watch to see what's going on, but you shouldn't lose your ARD with just an arrest.

The case is not your girlfriend's. It belongs to the state. The prosecutor does not have to drop just because the complainant asks. Typically, they won't drop as a matter of policy. But now and again they will, depending upon the facts and circumstances of the case.

You need to comply with the dictates of probation. If your contract calls for letting them know as soon as you get in trouble, you should call your PO tomorrow. The arrest will be on your criminal history even if your girlfriend convinces the DA to dismiss the case.

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Customer reply replied 6 months ago
It will be on my history? Will that affect me getting jobs? And if they don't drop the case even with her statement besides a lawyer what would be a typical outcome for something like this?
Customer reply replied 6 months ago
Also what facts and circumstances would lead them to want to drop case?

It will be on my history?

If you were booked by the police, yes, it will be on your criminal history.

Will that affect me getting jobs?

A criminal record could affect your getting jobs. However, if it's dismissed or reduced to a summary offense, you could get it expunged from your criminal history.

And if they don't drop the case even with her statement besides a lawyer what would be a typical outcome for something like this?

Supervised probation and anger managment classes/counseling is the typical result on a plea agreement.

Also what facts and circumstances would lead them to want to drop case?

Dropping the case is at the DA's discretion. Whatever convinces him that the complainant will be safe from harm could convince him to drop the case.

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Customer reply replied 6 months ago
Last question...they put this restraining order on the case but my girlfriend and I are not in a situation where that is needed. We never have had an issue like this this was the first time and it just got out of hand but we have never argued like this and are pass this situation. How do they track or what would be considered contact? Because somehow she has to know the information that your giving me and I'm afraid to
Call or see her at all because I don't want to
Violate the restraining order. This happened in south jersey and we live in northern pa so does it apply even if it's a different state??

Contact is any kind of contact. You cannot have anything to do with her while the order is in effect. If it's discovered that you did, you can be rearrested. If you live out of state, they are unlikely to know whether you're in touch but it's not advisable to risk it.

Get a lawyer for the case. You'll need one anyway when you return to New Jersey. Your lawyer can contact your girlfriend.

By the way, in NJ a simple assault is not considered a crime. It is a disorderly person's offense. Jersey doesn't have misdemeanors and felonies. They have indictable offenses and disorderly and petty disorderly persons offenses which are considered infractions, even though in PA the same offense would be a misdemeanor.

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Customer reply replied 6 months ago
Ok well I def don't want to risk anything. However she has been in contact with my mother but not me is that a problem?? And I'll seek a lawyer ASAP to bridge the gap atleast that way there is a legal person in the middle to protect my rights. And yes I read that information on line but I don't want to do any jail time for this. I have no criminal history or acts of violence in my history do I stand a good chance to get this knocked down to a summary offense or dismissed??

There are no summary offenses in NJ. That's a Pennsylvania concept.

There are disorderly person's offenses in NJ, which are considered violations. A simple assault is already a disorderly person's offense. You're not going to go to jail on it.

Whether it gets dismissed or not is up to the prosecutor. There's no reason for the prosecutor to dismiss it at this point. He doesn't know that the alleged victim isn't interested in going forward. Once he does learn, I cannot predict what he's likely to do or know how heavily vested he may be in prosecuting this matter. I do know is that as a matter of policy, prosecutors are always reluctant to drop domestic violence cases.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,076
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 6 months ago
If she in contact with my mother and not me is that considered contact?? And I will most definitely rate this conversation.
I'm glad to hear that no jail time would be given even though I read that it could be jail time and or fines. I would hope hat it gets dismissed with her testimony to the prosecutor and can just out this behind us. If not I hope my lawyer can get it pleaded down to something lesser wit just a fine, probation, and or classes and I hope that won't affect my current probation in pa?

Her order says she can't contact you. She can contact your mother.

I wish you good luck with this.

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Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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