Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I filed a police report against my husband for domestic

Customer Question
I filed a police...

I filed a police report against my husband for domestic abuse in New York State and I did not understand at the time that charges would be filed against him. The cop took a picture of my bruised eye and I did sign the form where he took the notes. They never told me that charges would be filed, I just wanted to report the incident. Now the police are set to arrest my husband tomorrow and I don’t want him arrested but understand it’s a ny state law. I have limited funds but really hope to either get the charges dropped or petition the da to drop all of this as I was not consciously struck and no crime was committed. How can I make this go away as quickly as possible? The police will be arresting him tomorrow I’m told.

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

New York

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

I have not but have done some online research

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

Not that I can think of

Submitted: 1 month ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 minute by:
1/9/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,082
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

You've found out the hard way, unfortunately that the police in New York do not have discretion to just defuse domestic violence incidents and call it a night. Once police get involved in a domestic matter, they must make an arrest and the case does not belong to you anymore. It belongs to the state prosecutor, who will go forward with the matter on behalf of you and all the people of the state.

So you need to contact the DA who is handling the case against your husband and let him or her know how you feel about the case and that you don't want to go forward. You don't need to file a petition. This can be done in a personal conversation on or before your husband's court date.

You are the alleged victim in this case, and without your cooperation and if there are no other witnesses, the state won't be able to meet its burden of proof beyond a reasonable doubt. Therefore, the prosecutor should be willing to talk to you, because they will want your help.

You should try talking to the prosecutor in person, rather than over the phone so that the prosecutor can see your sincerity and ask you any follow-ups he thinks are necessary. You will need to convince him that you will not be at risk if he drops the charges. He has the complete discretion to drop the charges if he feels that it is the best way to go forward.

That said, in my experience, as a matter of office policy with DV cases, the prosecutor will probably tell you that the state can choose to go forward with this case whether you cooperate or not. He may tell you that if you refuse to cooperate and testify against the defendant, he can subpoena you , bring you into court in handcuffs, if necessary, put you on the stand and require you to testify. He can tell you that if you change your story, he can charge you with perjury. These facts are all perfectly true.

However, as I mentioned earlier in this answer, you are the state's key witness. The prosecutor needs you. So if you stick to your guns and tell the prosecutor that you want the charges dropped, most prosecutors will eventually opt to cut their losses, once they are sure that nobody is forcing you to drop the charges, and once they are sure that you are going to be safe. Most prosecutors do not like to spend time, energy and money going to trial with a reluctant complainant and a case they may, therefore, lose.

So if he won't agree to drop the charges, at that point you need to get a hold of the defense lawyer and let him know you've been trying to get the prosecutor to drop the charges but that he will not do it and ask him how you can help him to get the case dismissed.

In my experience, when the complainant and the defense lawyer join forces to double-team a prosecutor to convince him drop charges, something favorable to the defendant, even if it's not a direct dismissal, can almost always be worked out. If there are no serious injuries, for example, a plea to a disorderly conduct -- a violation and not a crime -- and anger management classes for the defendant can often be negotiated.

So, in short, the prosecutor is the only one who can drop or reduce this case, but the process starts with you letting him or her know that you don't want to go forward.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,082
29,082 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD 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

3,194 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 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

1,631 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
In NYS can a victim of domestic violence be compelled to
In NYS can a victim of domestic violence be compelled to take the stand if she does not want to testify? NYS Criminal lawyer please respond.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I got a domestic violence in n.y.c ongame me a gun license
I got a domestic violence in n.y.c on*****game me a gun license and the atf took my gun away because the case on 1998 that is 20 years ago I need my license back I am living in Leesburg Georgia I am a… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,082 satisfied customers
In 1999 was charged with simple domestic violence. Lost the
Anything else you want the lawyer to know before I connect you?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,082 satisfied customers
In a domestic violence case where the alleged victim
In a domestic violence case where the alleged victim discovered an injury weeks after the incident, does the prosecution have to prove that the injury was caused by the battery in order for it to be u… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,516 satisfied customers
Im fighting a f4 domestic violence and the victim went to
im fighting a f4 domestic violence and the victim went to new York and got married im in ohio don't I have a right to face my accuser for them to convict me … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,082 satisfied customers
I was convicted for domestic violence (felony CA) and my
I was convicted for domestic violence (felony CA) and my record was expunged. Can I own a firearm? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,118 satisfied customers
Iwas charged with disorderly conduct, I was given a court
iwas charged with disorderly conduct JA: In what state did this occur? Customer: I was given a court date california JA: Have you talked to a lawyer yet? Customer: no JA: Anything else you want the la… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,082 satisfied customers
I was charged over the weekend with a disorderly conduct
Hi. I was charged over the weekend with a disorderly conduct intoxicated in a public place. I spent the night in jail and posted so I was released the next morning.will I face further jail time? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,082 satisfied customers
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,516 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,516 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
112 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,742 satisfied customers
My son received a disorderly conduct charge...researching
My son received a disorderly conduct charge...researching options … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,516 satisfied customers
My fiance was arrested on 9/7 for disorderly conduct, damage
My fiance was arrested on 9/7 for disorderly conduct, damage to property, and domestic violence. I reputed the domestic violence from day one. He has mental disorder of high anxiety and PTSD from prev… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,811 satisfied customers
A false police report was called in saying someone has a gun
Hi, a false police report was called in saying someone has a gun and is trying to kill themselves, the SWAT team shows up. The pweson finally comes out of the house and a search warrant is issued to s… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,453 satisfied customers
INTO IF I NEED TO HAVE A LAWYER FOR A DISORDERLY CONDUCT
I AM LOOKING INTO IF I NEED TO HAVE A LAWYER FOR A DISORDERLY CONDUCT CHARGE IN IOWA … read more
Expert James
Expert James
Doctoral Degree
11,736 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
28,516 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