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If i falsely accused my boyfriend of threating me because I…

If i falsely accused...

If i falsely accused my boyfriend of threating me because I was on drugs can I drop the charges?

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

I wasn’t charged. By boyfriend was charged with criminal threats. His court date is June 3

Lawyer's Assistant: In what state did this occur?

California

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

That he did nothing wrong. I was on drugs and falsely accused him.

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Customer reply replied 2 months ago
I accused him of saying he would kill me and my roommates but i was on xanax and out of my mind. he is completely innocent
Answered in 4 minutes by:
5/31/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,345
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 2 months ago
Ok. Thank you

Hello,

So, unfortunately, because it is not the victim, but the prosecutor's office that actually brings charges against a person, that also means that you cannot simply dismiss the charges, because that decision is also left to the prosecutor. All you can really do is contact the prosecutor's office and express your wishes. You are also under no legal obligation to meet with the prosecutor or answer their questions if they ask to meet with you.

You may also want to contact your boyfriend's attorney and let them know what actually happened -as they may be able to also lean on a prosecutor and pressure them to dismiss the charge.

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Customer reply replied 2 months ago
Would the prosecutor be the district attorney?

Yes it is.

RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,345
Experience: Experienced in multiple areas of the law.
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RobertJDFL and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 2 months ago
even though he did nothing wrong and I didn’t know that I was giving a statement because I didn’t write anything down I still can’t do anything?
Customer reply replied 2 months ago
They say they have my statement but they only have what I told them when i was being questioned. We were at car rental place not an actual police station

Ultimately, it is up to a district attorney to weigh the evidence and decide if they have enough to move forward and get a conviction. If there were no other witnesses to support your claim and it is your word versus his and you aren't going to cooperate, that obviously is going to impact them because it will be much harder to prove guilt beyond a reasonable doubt.

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But the reason this is left up legally to the D.A. and not the victims is that there are many domestic violence victims who suddenly will change their stories and insist that nothing happened, to try and protect their abuser. So rather than allow the victim to make the decision, much in the same way they cannot press charges, only the D.A. gets to decide whether to dismiss a case or not.

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That's why I said you may want to talk to your boyfriend's lawyer. They may be able to prepare something like an "Affidavit of Non-Prosecution" for the D.A., which is basically your sworn written testimony as to what happened and that he did not do anything and you do not wish to see him prosecuted.

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Customer reply replied 2 months ago
Ok. So as long as the prosecutor only have what I told them they don’t have a very strong case?

If it's your word versus his and you are now changing your story and basically don't want to talk to the D.A.'s office or answer further questions, etc., yea, that can often result in charges being dropped. It's very hard to move forward where the alleged victim won't cooperate.

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Customer reply replied 2 months ago
Ok. And I don’t remember this clearly because I was on drugs but what if the police heard the end of the phone call with him where he didn’t say explicitly he would harm me. I remember asking if he would kill me and he said no but something could happen. Could they use that also ?

They could use "something could happen" but it really depends on context. That could really mean anything -it could mean he would break up with you and leave the home. It could mean he would tell the police what you said and you could get arrested. It could mean a million things, so I think it would be hard to prove that he meant something bad by it.

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Customer reply replied 2 months ago
When the officer arrived he gave me a number and his name. Was that number the case number?

That was likely the report number that they use, but that wouldn't be the case number ***** a case if the D.A. filed something.

If you wanted to see if something was filed with the courts, you can call the Clerk of Court and ask if there is a case open against an individual.

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Customer reply replied 2 months ago
Ok. I don’t want him to go to jail for something I didn’t do. If i killed myself would he still be in trouble? I won’t do I just want to know

Depends on if the D.A. feels as if they still had enough evidence to proceed. There's no way for me to reasonably answer that because I don't know everything that a prosecutor is considering. We had talked about really the only "evidence" being what you told the police -and if you're not a cooperating witness who now says it didn't happen, I still think it's a very weak case.

Doesn't mean the police couldn't still arrest him if they haven't -the police only need "probable cause" -a reasonable belief -to them - that a crime was committed to arrest someone. That's different than the burden a district attorney has - to prove his guilt beyond a reasonable doubt, which is a very, very high legal burden.

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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.

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