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I need advice on how to try and drop a serious DV assault…

Customer Question
I need advice on...

I need advice on how to try and drop a serious DV assault charge. I have been dating a man for over 7 years. We went to a house party with people we just met. I do not remember much after my 1st drink and the night ended with each of of hitting each other and him going to jail. I believe we were both drugged. He has never been violent. I can not remember what happened after my 1st drink and no one will talk to me at the county attorneys office. What can I do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I do not have enough money

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In-store a statement that I do not remember I wrote. Sorry

Submitted: 11 months ago.Category: Criminal Law
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Answered in 5 minutes by:
9/10/2017
Criminal Lawyer: RobertJDFL, Lawyer replied 11 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,333
Experience: Experienced in multiple areas of the law.
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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.

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Criminal Lawyer: RobertJDFL, Lawyer replied 11 months ago

Good evening,

I'm sorry to hear about your circumstances. However, I need to be perfectly honest with you. It is impossible for you to drop the charges because you are not the one who filed charges. The charges were filed by the County Attorney's Office after reviewing all the evidence against the man you are dating. In other words, once the state is involved, you cannot simply make them stop, unfortunately. There's no way that will guarantee they will dismiss the case. You can talk to his attorney about filing an "affidavit of no-prosecution" which basically a sworn statement (a written statement that’s been notarized by an alleged victim in a criminal case that expresses a desire to halt prosecution. It's not a guarantee that the prosecutor will drop the matter, but it may help influence their decision. A prosecutor may conversely find that between your prior statement, witness statements, pictures, video or whatever other evidence they may have, they still can get a conviction, and therefore refuse to drop the matter.

I'm sorry I cannot tell you otherwise.

Please let me know if I may clarify anything or provide additional information.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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