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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13515
Experience:  Experienced in multiple areas of the law.
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My daughter was been arrested on a 72 hold after a physical

Customer Question

my daughter was been arrested on a 72 hold after a physical altercation with her 18 year old daughter... it has been suggested if the 18 year old drops the charges the matter will be dropped and resolved. It this true?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Wisconsin on 11/11/1916
JA: Has anything been filed or reported?
Customer: We believe it was filed at the court house and sent to her attorney she had received no official notice- we think it may be at the court house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My daughter is a n RN and she has been suspended from work until the matter can be resolved.
Submitted: 8 months ago.
Category: Legal
Expert:  RobertJDFL replied 8 months ago.

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.

Expert:  RobertJDFL replied 8 months ago.

Unfortunately, that's not true. Since the state, through the prosecutor's office is actually who gets to decide whether to file charges and not the "victim", her daughter does not get final say as to whether the charge should be dismissed or not. The problem with domestic violence cases is that prosecutors and courts take them very seriously -they don't want to risk dropping charges against an accused who may later injure the victim again. And many times, victims are pressured into saying they want to drop charges out of fear.

Your granddaughter can reach out to the prosecutor's office and speak to the prosecutor assigned to the case and tell them that she wishes to decline prosecution and will sign an affidavit to that effect. It may be helpful if she expresses that this is not something that typically happens, that she is not fearful of her mother and doesn't believe her mother will hurt her.

Your daughter should also let her lawyer know that her daughter is not looking to see her charged and does not wish to cooperate with the prosecution in this matter. Sometimes, a defense lawyer can put pressure on a prosecutor in light of this fact that the victim does not wish to cooperate.

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Expert:  RobertJDFL replied 8 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

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