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I was charged with assault for domestic violence in the 4th…

I was charged with assault...
I was charged with assault for domestic violence in the 4th degree on Saturday and today at my arraignment I was handed this piece of paper and the no order contact with my girlfriend was lifted. She told me the DA called her before my arraignment and said they are not moving forward with the case. Does this mean my charges are dropped completely or will they issue a warrant for my arrest in a week? My girlfriend wants to know if she should/can recant her statement in order to weaken the case. She also wants to know if she can an affidavit for non prosecution? What is my best defense moving forward.
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Answered in 2 minutes by:
3/12/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,425
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

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If this is the letter you received, you are not being charged. That doesn't mean that somewhere down the road they couldn't change their mind, but it's unlikely. If they were really worried, they'd have never lifted the order.

I don't see any reason in the letter for you to have to go to court as your case was never filed. Therefore it won't be on the court calendar. But I wouldn't blame you for being a bit paranoid. Call the court clerk the day before what was to have been your court date, and make sure that you're not on the calendar and check that number every several weeks for a while to make sure that they still have no record of a case against you.

There's no need for your girlfriend to do anything further. The state is not filing charges. If they seek her out again, that's when she could file an affidavit for non-prosecution.

There is no defense going forward except to get on with your life. Maybe some anger management or couples counseling might be something you want to consider so that you don't have to go through something like this again. Even though these charges haven't been filed, the police will retain their record of this incident, so if there's a next time the state will be less generous to you.

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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.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,425
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you zoey your response was fantastic I really appreciate the help!

Thanks so much, and best of luck to the both of you!

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