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I was change with domestic violence I get a fight with my…

Customer Question
I was change with...

I was change with domestic violence I get a fight with my husband I never was arrested Befor I have a clean record I'm 35 years old a mother with 2 kids plz help

Lawyer's Assistant: Do you have any upcoming court dates on the domestic violence charges?

Yes 03/22/2018

Lawyer's Assistant: In what state did the domestic violence occur?

San diego

Submitted: 4 months ago.Category: Criminal Law
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Answered in 5 minutes by:
3/15/2018
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,354
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

Good morning. Does your husband want to see your prosecuted and will he go forward with this and cooperate?

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Customer reply replied 4 months ago
No my husband doesn't want me to be change with anything he was mead when he called the police
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

Thank you for the reply. As the victim, you do have a right to speak with the prosecutor assigned to the case about this and express your wishes that the charge be dismissed. It is possible that they will allow you to fill out a waiver of prosecution, to show you do not want them to proceed. However, the decision is always up to the State. I say this because this is a crime against the State and they represent your legal interest as the victim. If they want to proceed, they can and then their ability to win at trial, will likely come down to your cooperation and if you appear and testify against him. As the victim, they would need you to testify against him and if that does not happen, they would have a hard time proceeding and proving the charge beyond a reasonable doubt.

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Customer reply replied 4 months ago
My husband he's the one to call on me the police and now I was charge with domestic violence I have never being arrested before
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

Yes, I certainly understand. It is his cooperation with the State which would allow them to proceed and if he does not or can speak with them and get them to dismiss the case, you will not have to go forward and defend this.

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Customer reply replied 4 months ago
He want to go with me to the court day and tell the he doesn't want me change with the crime because was a mistake for the first time can he do the or he was to go first to the police department to dreap the case plz help
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

If the case has been filed and is in the court system, he needs to call the prosecutor assigned to the case and speak with them about getting this dismissed and them not prosecuting.

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Customer reply replied 4 months ago
When he call the police he was very engrey and he was saying a lot and the police arrested me. And change me with domestic violence I have a clean record
Customer reply replied 4 months ago
How to call the prosecutor I'm from San Diego I'm new to all this
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

HE needs to call them this morning and speak with them. He needs to speak with the District Attorney / Prosecutor and tell them he is the victim and if there was no violence and this was just an argument, that you never struck him or touched him or did anything.

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Customer reply replied 4 months ago
He told the police I push him but I did after he put me I have nails he get scratch in he's face polive to the picture but my husband know I didn't mean we never get in a big fight we have clean recard me and him the was a mistake
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

If you were defending yourself and he attacked you, you could have a defense. You need to retain a criminal defense attorney or ask for the public defender to be appointed to you, when you appear in court. They will know how to defend this and work the case and he also needs to call the prosecutor and advise them he does not wish to proceed.

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Customer reply replied 4 months ago
I call the court to ask to speak with public defense attorney before the court day right
Customer reply replied 4 months ago
I don't want him or me to go to jail the was a mistake from him call a police
Customer reply replied 4 months ago
Can he go to the police department and drop the charges against me
Customer reply replied 4 months ago
Plz answe me
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

The PD needs to be appointed, so until that happens, they may not speak with you.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

He can go to the police and amend his statement but the decision to drop the charges is up to the State, since this is a crime against them.

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Customer reply replied 4 months ago
what going to happen to me after all
Customer reply replied 4 months ago
Us I mention I have a clean record it's a first time we fight and called the police
Customer reply replied 4 months ago
Plz answer me
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

I am trying to answer you. Please allow me a few moments to respond

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Customer reply replied 4 months ago
Thank you
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

One of two things. The first is that he gets the State to drop the charge and that would be the end of this. The second is that they want to go forward and you will have to defend this and can decide if you want to take a plea deal and resolve this or go to trial and as I shared, his cooperation will dictate if they can even proceed.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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