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I have been falsely accused of domestic violence, and spent…

Hi there. I have...

Hi there. I have been falsely accused of domestic violence, and spent Tuesday night in jail. My boyfriend (who accused me) bailed me out, and has told me he is not pressing charges and he called the DA to make sure no charges are filed. I have literally never been in trouble, and have no history of anything like this. I don't know if I should be concerned about the DA moving charges forward.

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

Yes, at 9am tomorrow the court is going to look at the case, and. make a decision about whether to move forward on charges

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

If they decide to, it will either be at 11am or 2pm, but they are doing "day of" Well, this happened in CA, but there was no violence

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

I guess I am just trying to figure out how to proceed tomorrow. I am afraid of my partner, I don't want any trouble, and I just want to be prepared

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Answered in 1 minute by:
5/31/2018
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 2 months ago
I am hoping to get some help today because I am not sure what I should be prepared for tomorrow

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 2 months ago
My boyfriend is telling me to file no contest, and I think thats a mistake, because I did not abuse him.

Even though your boyfriend no longer wishes to press charges, since the police were involved and an arrest was made, the decision of whether or not to continue with a criminal charge rests solely with the state prosecutor.

Your boyfriend can let the prosecutor know that he does not wish to testify in the case, and would like to see the charge dismissed, but again, that decision will be up to the prosecutor.

Alot will depend on the strength of the prosecutor's case -- if there's no other evidence or witnesses besides your boyfriend who is unwilling to testify, then the prosecutor would be forced to dismiss the case.

Your first court date tomorrow should be for arraignment. This is where the state enters the formal charges against you, provides you with copies of the police report or any other evidence in their possession, and the judge asks for your plea on the record.

You should wait until you speak with an attorney before entering a plea.

You can contact a private attorney today to represent you in this matter and attend court with you in the morning, or if you cannot afford to hire a private attorney right now, then a public defender should be appointed to you tomorrow.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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Customer reply replied 2 months ago
Hi there - I wanted to give you an update and let you know the charges were dropped. Thank you very much for your help, it has all blown over, and it certainly was a wakeup call to me just what kind of relationship I am in. I need your advice on another issue that could potentially become a legal issue (I'm not sure.) I just received an email from our property manager. She is about my age (30) and she asked me about a potential police issue from last week. I am assuming the neighbors reported it? Do I need to confirm what happened, and is this a reason we could be kicked out of the house?
Customer reply replied 2 months ago
For Nisha: Hi there - I wanted to give you an update and let you know the charges were dropped. Thank you very much for your help, it has all blown over, and it certainly was a wakeup call to me just what kind of relationship I am in. I need your advice on another issue that could potentially become a legal issue (I'm not sure.) I just received an email from our property manager. She is about my age (30) and she asked me about a potential police issue from last week. I am assuming the neighbors reported it? Do I need to confirm what happened, and is this a reason we could be kicked out of the house?
Customer reply replied 2 months ago
Also, I don't need a phone call (I can't tell but the app looks like it is still set to "call.")
Customer reply replied 2 months ago
I guess I am not sure if I should tell her what happened, and how much information to give her.
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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.

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).

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