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My boyfriend and I got into a physical altercation and

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Hi. My boyfriend and...

Hi. My boyfriend and I got into a physical altercation and someone witnessed it and called the police. When police came he had already left and they took me to the police station to make a statement and take pictures of the physical damage that was done, while the other officers tried to find him. When they did find the vehicle he eluded police officers and got away. The next day a detective called me and I told him I didn’t want to press charges. I thought that was it; but a few days later my boyfriend got pulled over and there was a warrant for his arrest for eluding the officers and also cause he was on probation they said he violated his probation and he was arrested. My question is...if I no longer want to press charges and I go to the court and tell them that would that help his case at all? Would he get bail? Him being on probation do you think he will be held regardless since they said he violated his probation being involved with the cops. What I don’t understand is...the cops said he eluded them but the car he was driving was completely tented so there was no way of them being able to tell who was driving the vehicle. THEY WERE NEVER ABLE TO PULL HIM OVER and were never able to ID who was behind the wheel cause he got away. Does the state have a case on him still even though the cops were never able to ID him, stop the vehicle or confirm if he was driving or not. I was told he wouldn’t get bail but some people said he would get bail. I spoke with the detective on the case and he said there was a no contact order in place. I really just want to know if he will get bail? And what I can do as his girlfriend to help get these charges dismissed. And although he was and still is on probation when this happened, previously before all this happened he was following every rule and guidelines probation gave him. He has been out of jail for a year and within a month of being home from jail he had a full time job. He was sending his pay stubs to his probation officer just like they wanted. He met with his probation and went to every therapist meeting and never failed a urine test! He has been doing great and staying out of trouble until this incident happened. So I just want some advice as to what might happened to him especially with him being on probation and all. I would think since this was a the first time he has been in trouble or violated probation since he been home they would cut him a break and give him bail; especially if the victim in the case which is me; is telling them I DONT WANT TO PRESS CHARGES OR PERSUE THE CASE!!!

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

The state where he was arrested was Massachusetts but the state where the incident took place and where the charges were pressed is Rhode island

Lawyer's Assistant: Has anything been filed or reported?

I was the victim in the case. This was a domestic violence situation that had transpired. I was heavily under the influence of alcohol when the report was made and when I woke up the next morning and got a call from the detective I told him I didn’t want to press any charges

Submitted: 3 months ago.Category: Criminal Law
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Answered in 32 minutes by:
1/3/2018
Criminal Lawyer: Gerald, Esq, Lawyer replied 3 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Criminal Law
Satisfied Customers: 5,109
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Criminal Lawyer: Gerald, Esq, Lawyer replied 3 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am afraid that I have mostly bad news and some good news for you.

The bad news is that it does not matter whether or not you want to press charges in this situation. The circumstances are now out of your control. This is because the charges go beyond the domestic violence incident. Once he tried to elude and evade the police he committed a separate crime.

Here is the law on eluding:

https://law.justia.com/codes/rhode-island/2012/title-31/chapter-31-27/chapter-31-27-4.1/

Beyond the eluding, there are witnesses to the domestic violence incident. So even if you do not want to cooperate the district attorney can bring the charges without your involvement. It will be more difficult but it can be done.

The good news is that other than this incident he has been following his probation requirements. This means that he has a fair chance of having his probation extended rather than being incarcerated.

As for bail on the new charges, it is likely that it will be seti, but it likely will be a higher amount because of the eluding charge.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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