Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Second opinion] How do I best convince my prosecutor to drop

a domestic violence case? The...
Second opinion] How do I best convince my prosecutor to drop a domestic violence case? The charge is Cyber harassment and Cyber stalking. The case is now in the state. It was a complete misunderstanding considering I technically the victim did not even call the police. I want the case dropped.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 hours by:
9/17/2017
James Daloisio
Category: Criminal Law
Satisfied Customers: 149
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is*****'m a former prosecutor and although I understand your question to be "how do I best convince my prosecutor to drop a domestic violence case?" I must tell you that the chances of getting a prosecutor to dismiss a DV case are slim to none at best. Prosecution agencies always take the position that DV victims do not control whether or not a person is going to be prosecuted. The victim is merely a witness in their case. So your focus has to be on the person who is being prosecuted, not on the victim. In that regard, there are a number of factors that a prosecutor will look at in deciding how to proceed with a DV prosecution.

1. The relationship between the victim and the defendant. Is it ongoing or has it terminated? Do the parties reside together? Are there children whose interests need to be considered?

2. The safety of the victim. Is the victim in danger of physical or emotional harm if the defendant is not prosecuted, or placed on probation and required to comply with terms and conditions; or is it possible that there are others who may be potential, future victims?

3. The defendant's past history. A person with no prior offenses or DV incidents will more likely receive lenient treatment.

4. The defendant's economic situation. Does the victim depend upon the defendant for support or not? Does the defendant have a job that will be impacted by a conviction?

The idea is to present a picture showing that a criminal prosecution would do more harm than good to the parties. Now, there is going to be some conduct by the defendant that the prosecution wants to punish the defendant for, and wants to make sure the defendant does not repeat that conduct. So it's important that the defendant be remorseful and make an honest, good faith effort to demonstrate that remorse, comply with any requirements of counseling, conduct, and restitution, and in general show that there is no risk of recidivism. It's also helpful if the defendant goes out and tries to get help while the case is pending, to show an intention to comply with the law.

Unfortunately, many victims say they want the case dropped but don't understand that it's not their decision to make. You have to understand what drives the prosecution and present facts that would cause the prosecution to consider leniency. They aren't going to do that merely because it's what you want. That said, I hope things work out with your situation. If this has helped you, a positive rating would be appreciated. Thank you!

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
We do not reside together. The relationship will most likely not be ongoing and there are no children involved. I was never in any physical or emotional harm or distress. His past history is clear he has never gotten in trouble with the law before. He also had a traumatic brain injury that has clearly had an emotional toll on him will this help his case? and I do not depend on him whatsoever. with tis information do you think we have a good chance of getting it dropped?

Hi,

It's difficult to evaluate the chances of a case being "dropped" without knowing what it was that he was alleged to have done. Obviously, the more serious the offense, the less likely the state will abandon its prosecution. His lack of prior record helps. It's possible that his traumatic brain injury might be a mitigating factor, depending upon its severity and the nature of the offense. If you were in a dating relationship with no reasonable likelihood of it continuing, that would help his case as well, as long as he is perceived as ready to move on and not be obsessed with you. But in any DV case, it's more reasonable to hope for some type of alternative sentence such as probation/counseling, etc., because prosecution agencies are extremely reluctant to dismiss such cases. They want to be able to monitor the progress of the defendant for some reasonable period of time to make sure he does not re-offend. So to answer your question, no, I do not believe you have a "good" chance of getting the case dismissed; however, if the nature of his conduct was such that no one was ever in danger, no one was threatened, and there is no apparent likelihood of it happening again, he may have a good chance at some leniency, perhaps a lesser charge, a less onerous set of probation conditions than those usually associated with DV cases, and a shorter period of probation.

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
But he won't face jail time?

That's a question I cannot answer. It depends upon the offense charged, the severity of the charge, the severity of his conduct, and the risk that he might re-offend if not incarcerated. Some criminal offenses, not many, but some, carry mandatory minimum sentences. Based upon what you've told me so far, as a prosecutor I probably would not be seeking jail time in this case, as long as I was satisfied that the defendant has accepted responsibility, is remorseful, is willing to comply with terms and conditions of probation, and is making a good faith effort to not commit any new offenses.

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
Okay thank you so much. How do I reach out to my prosecutor?
Customer reply replied 2 months ago
or should I not speak to them till the court date?

If you are listed as the victim in the reports you should have been contacted by the district attorney's victim/witness coordinators. If no one has attempted to contact you, just telephone the district attorney's office and ask for the victim/witness coordinator or similar individual. All offices should have a designated contact to coordinate with DV victims. If you were not listed as the victim, but are still a witness, someone should have contacted you. Again, the simplest way is just to telephone the DA's office and ask to speak to the prosecutor who is handling your case. Be prepared to give them the defendant's name, your name, and the court case number ***** you have it.

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
This incident happened 4 days ago so should I wait to hear from them or call ASAP?

You should try to call. It may be too soon for the information to be available to the support staff; however, it's better that they know you're interested in speaking with them at an early stage.

Ask Your Own Criminal Law Question
Customer reply replied 2 months ago
Would it be a good or bad idea to work with the defendants lawyer?

You are free to discuss the case with anyone you wish. You should be up front with the prosecution if they are treating you as the victim, if you decide to assist the defense. Hopefully it won't get that far. While I do not see dismissal as a likely resolution to this case, I do not see it as a case in which the prosecution would want to punish the defendant excessively, at least not on the facts you've given me. My advice is to contact the prosecution, find out what they intend to do with this case, find out if they intend to have you testify as a witness, and then decide whether you want to assist the defense. If you are in fact the victim in this case, the prosecution is working with your best interests in mind. Just be honest with everyone.

James Daloisio
Category: Criminal Law
Satisfied Customers: 149
Experience: 30 years experience in criminal law, continuing education.
Verified
James Daloisio and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask James Daloisio Your Own Question
James Daloisio
James Daloisio
James Daloisio, Lawyer
Category: Criminal Law
Satisfied Customers: 149
149 Satisfied Customers
Experience: 30 years experience in criminal law, continuing education.

James Daloisio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,187 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,057 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,857 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,629 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
How can a person stay in jail for Domestic violence third
Hi how long can a person stay in jail for Domestic violence third degree? What's the best place to get a criminal background reports? I live in a small town. To small. No secrets. My crack addict cous… read more
Zoey, JD
Zoey, JD
Doctoral Degree
176 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
176 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,486 satisfied customers
Domestic violence case in Az, what will writing a letter as
Domestic violence case in Az, what will writing a letter as a victim to drop the charges really do for the case and how often will that actually work? … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,187 satisfied customers
My ex has rescinded protective order for domestic violence
hi, my ex has rescinded protective order for domestic violence stating his lawyer coached me 2 weeks before trial. truth is another lawyer from same office gave me free consulation and i also didnt co… read more
Ray
Ray
Lawyer
Doctoral Degree
30,479 satisfied customers
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,057 satisfied customers
I was charged with domestic violence and found not guilty.
I was charged with domestic violence and found not guilty. How do I have this sealed. My spouse and I are back together. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
176 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,708 satisfied customers
I was arrested for domestic violence charge and the victim
I was arrested for domestic violence charge and the victim lied about what happen but there was a injury to the back of her head, snail gash. I threw my phone and it hit wall and then hit hers head. s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,223 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Lawyer
149 satisfied customers
I plead guilty to a misdemeanor charge of domestic violence
I plead guilty to a misdemeanor charge of domestic violence in July 2001. Is it possible to get my 2nd amendment right reinstated?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
176 satisfied customers
I filed cyber harassment and domestic violence stalking
I filed cyber sexual harassment and domestic violence stalking against my husband. ALl the evidence matches up to the picture he uploaded of me, the chat room he posted it to , verified it was his com… read more
Bill Attorney
Bill Attorney
law
1,476 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,486 satisfied customers
Im in tennessee and this concerns a domestic violence charge
im in tennessee and this concerns a domestic violence charge and a pot plant … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,708 satisfied customers
My mother and I are in a domestic violence case. She was
My mother and I are in a domestic violence case. She was drunk and we got in a scuffle and I told her I wanted to take her to the hospital because she had been drunk for seven days straight, no shower… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,708 satisfied customers
I am a victim of domestic violence and the d.a. Is trying to
Is trying to serve me it hasn't been able too do I still have to go..... in cali … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,708 satisfied customers
My boyfriend goes to court tommrow for domestic violence he
My boyfriend goes to court tommrow for domestic violence he has been in jail since aug 6 for missing one of his courtdate i want to go to court and tell the judge i hit him first but im scared what wi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,479 satisfied customers
DOMESTIC VIOLENCE - ON CRIMINAL PROBATION My sister was
DOMESTIC VIOLENCE - ON CRIMINAL PROBATION My sister was beaten by her former boyfriend, who eventually was criminally charged with the offense. He was offered some "plea and pass" at the hearing and h… read more
Zoey, JD
Zoey, JD
Doctoral Degree
176 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x