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I was arrested for domestic violence charge and the victim…

I was arrested...

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. she has admitted to me that what she told police was lies avd that she is going to go to police station and admit she lied, wants to drop charges and recant her statement. What is going to happen ? What do I do?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

New Jersey. This past Friday night.

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

Plan to tomorrow morning but do not have money to pay lawyer.

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

The warrant I received states she said I pushed her into wall and that is how she cut smail gash In back of her head. The second warrant says I threw and damaged her phone.

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Answered in 25 minutes by:
11/6/2017
TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12,763
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Q: What is going to happen ? What do I do?

A: Well, it could go one of two ways: (1) The police and/or DA drops the charges against you. If that occurs, then it's possible that the victim will be charged with a crime since it is unlawful to file false police reports. (2) The police do not believe the victim, and opt to proceed with prosecuting you. This is possible because it is very common for victims of domestic violence to change their minds and try to drop charges after the fact, even though the original story told to police is true. Because of that, prosecutors sometimes proceed with prosecution, and rely on evidence other than the testimony of the victim. Bear in mind that in a criminal prosecution, the state is the plaintiff, not the victim, and so the victim has no control over whether charges are dropped. As for what you should do, I strongly suggest that you retain an attorney to defend you against the charges. The attorney can first try to get the prosecutor to dismiss the charges since the victim claims that she was lying. But if that doesn't work, then you will need an attorney even more for the trial.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 8 months ago
Oh my god. I have never had a criminal charge in my life will this be considered by prosecutor? Also, one of the police officers at the jail I was taken to when arrested (not the police officers who arrested me at the scene and did the questioning of victim, told me that 90% of these cases get dismissed,,,,what charges could I face if convicted with first offense?
Customer reply replied 8 months ago
She also claims she will not testify does that matter?

Hi again.

Certainly your prior criminal record, or lack thereof, will be considered by the prosecutor. If you had multiple domestic violence charges in the past, then the prosecutor would be less likely to drop charges now. But since you have had no prior charges, the prosecutor would be more likely to drop charges.

If you are convicted, since this is a first offense and it doesn't sound like there is any serious injury, my guess is that you'd probably get probation, a fine, and community service. It seems unlikely (though not impossible) that you would get jail time.

If she refuses to testify, that could be helpful to you, though it could also put her in legal jeopardy if she is called upon to testify. In other words, if she is called as a witness, and refuses to testify, then she could be held in contempt of court. That could lead to fines and even jail. However, given that she is an alleged victim, I doubt a judge would actually do that. Still, it's possible.

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Customer reply replied 8 months ago
Do you think changes will get dismissed based on what I told you and if convicted will this go on my permanent record? If convicted will this affect me from getting a job?
Customer reply replied 8 months ago
The victim has a daughter who was nine but asleep in her room when this occurred and never saw anything, she just heard the argument that lasted literally two minutes. Now child services has interviewed the victim and child as well as requesting to meet with me tomorrow should I agree to meet?
Customer reply replied 8 months ago
Home.
Customer reply replied 8 months ago
Please respond
Hi again.Q: Do you think changes will get dismissed based on what I told you and if convicted will this go on my permanent record? If convicted will this affect me from getting a job?
A: With regard to the charges, I would say it's a 50-50 chance right now of being dismissed. It could go either way. If convicted, it will certainly go on your permanent record. It could affect you getting a job, but that depends on the individual employer and whether it cares about a conviction. Some do and some don't.Q: Now child services has interviewed the victim and child as well as requesting to meet with me tomorrow should I agree to meet?
A: I would not meet with child services without an attorney present. It doesn't seem that any good can come out of it for you, but it does certainly seem like you could end up hurting yourself by saying the wrong thing.I hope that helps. Please remember to provide a positive rating with the Stars. Thank you.
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Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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Customer reply replied 8 months ago
I am being charged for questions I did not ask. Please stop.

Hi again. I have nothing to do with billing (I am not even an employee of this website). Rather, I merely answered your legal questions, much like a seller sells an item on eBay, but is not an eBay employee. Just as an eBay buyer pays for the item, I hope that you rate me here, as that is the only way the website will credit me. As of now, the website got your payment, you got your legal questions answered, and I got nothing ... so please rate me. Thank you. :)

As for billing issues, you should contact the website's customer service: http://ww2.justanswer.com/help

TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12,763
Experience: JD, MBA
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TJ, Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 8 months ago
Ok. No need to txt me anymore. Ty
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