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A neighbor phoned about hearing screaming and me and my

Customer Question
A neighbor phoned about...

A neighbor phoned about hearing screaming and me and my husband fighting We left for a week and when we returned officers were questioning me

Lawyer's Assistant: Family law varies by state. What state are you in?

Colorado

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

I made a statement that he had indeed pushed me a few times and left bruises on me

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

No, my phone went missing as evidence of the abuse and the officers found it i dont want to press charges

Submitted: 4 months ago.Category: Family Law
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Answered in 1 minute by:
12/7/2017
Family Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 4 months ago

Was your husband arrested or given a notice to appear in criminal court?

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Customer reply replied 4 months ago
No, the officers indicated that they needed pictures on my phone to press charges! I don't want to press charges regardless of the fights we have been having! Is there a way I can recant my statement ... if I don't cooperate at this point will they just drop the case?
Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about this.

The officers here actually did have enough information for an arrest -- your neighbor made a report, and you actually substantiated that by admitting your husband had pushed you and left bruises on you.

That in and of itself was enough for an arrest because you stated a domestic violence battery had been committed against you. I'm surprised the officers didn't arrest him then, in accordance with police protocol for your safety.

From a legal standpoint, meaning whether a prosecutor can prove your case without your testimony and/or without the photos, then the answer is no they would not be able to.

There simply would not be enough physical evidence or witness testimony to prove the case beyond a reasonable doubt and establish guilt.

There is not much else you can do at this point. It seems the officers opted to not make an arrest, despite your admission that a battery had been committed against you. However if they were to ask more questions, then your response would simply have to be that you wish not to prosecute and/or that you'd like your lawyer present.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Family Lawyer: Nisha Jones,
 replied 4 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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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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