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I was arrested Friday night. Prior to being arrested i was…

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I was arrested...

I was arrested Friday night. Prior to being arrested i was the one who made the police call they arrived talked to the other party & never came & spoke with me & just arrested me in the end & now I’m facing domestic battery. But the others party wishes to recant their statement being that they were drunk . How might this work

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

This occurred in West Virginia

Lawyer's Assistant: Has anything been filed or reported?

What do you mean?

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

I’m just wondering how this even goes. I was never asked for my statement . When asked about giving my statement after being transferred i wasn’t really given an answer. & when arraigned the judge never asked me anything either

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/11/2018
Lawyer: LegalKnowledge, Attorney replied 4 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,399
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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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Lawyer: LegalKnowledge, Attorney replied 4 months ago

Good afternoon. I certainly understand the situation and your concern. Yes, the victim can go back to the police and try and recant their statement or amend it, if they now have a better recollection of the events and were not under the influence of alcohol. Of course, 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
It’s a female. And they like wrote it as if she’s the victim. Because their was underage drinking at this place so when i said id call the police when I’ll i was trying to do was take my girlfriend home because she called me the guys at this party told me if i did they’d all tell the cops that i assaulted my girlfriend so none of them would get in trouble . Like i said no one ever took my statement they just arrested me
Lawyer: LegalKnowledge, Attorney replied 4 months ago

I do understand. The burden is on the State, to prove the charge against you and as I shared above, if she does not cooperate, as this advances, the State may end up dropping the case.

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Customer reply replied 4 months ago
This is how the story went. I received a call from someone from my girlfriends phone. Saying she said to call me & she was freaking out she got on the phone & asked me to come get her because someone had tried to Touch her & she had been in a house full of nothing but men. So i drove from PA to West Virginia immediately. When i got there she had no closed on & she was so drunk she got upset that i came & didn’t want anyone to touch her she just recently got out of basic training & has been having a lot of black outs when she drinks. She had started hitting me So i told her to get dressed so we could leave or i was calling someone to come get her some help. She got dressed because she fears having her mental problems brought out being that she’s in the army. We got to my car & she started freaking out again & hitting me so i put her in a head lock to restrain her & her friends then came out & they watched as i was trying to restrain her . Then she ran in there house & locked the door with all of us outside. So when i asked them to open the door so i could just take her home they told me they didn’t want to deal with her anymore & all of them lied saying they didn’t live there. So i told them to let me in or i was calling the police & they told me if i did they would say i came & assaulted her because they didn’t want to get in Trouble for underage drinking. The police fans asked if i made the call i said yes then they went inside first to speak with her because she was still flipping out they were inside for awhile then came out & arrested me.
Customer reply replied 4 months ago
she’s contacted me even though I’m not suppose to speak with her but because she’s now sober she realizes what she did & wants to fix things but the state picked up the case so I’m 21 & she’s 19 & we don’t know how to go about this
Lawyer: LegalKnowledge, Attorney replied 4 months ago

You have a right to testify at trial, on your own defense, if you desire. As I shared, this all depends on her cooperation and if she fails to do so, it will be dismissed. She can try and recant her statement or amend it, with the police before they turn this over to the State to file and while I understand that you went from the victim to the defendant now, the police do not always get it right. I shared above how this can work out and what could be done, to fix it but it takes time and it sounds as though you should retain a criminal defense attorney as well.

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Customer reply replied 4 months ago
if this happened Friday night i just got out yesterday morning and the bonds men told my mom the state picked up the case does that mean the police have already turned it over to the state?
Lawyer: LegalKnowledge, Attorney replied 4 months ago

Yes, it would mean that if you have not received already, an arraignment will be set and you do need to appear. It means the State is proceeding and you should retain legal counsel to represent you, as they will know how to handle this.

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Customer reply replied 4 months ago
another question she says she never asked for me to be arrested and that she never asked to press charges. So even though the state has picked it up someone was telling me if she doesn’t show up for court it will be dropped ? How much of that is true
Customer reply replied 4 months ago
I was arraigned while in jail yesterday morning. So what now? We just wait for our letters of the court date or is there something she can do before then about recanting ?
Lawyer: LegalKnowledge, Attorney replied 4 months ago

This is a crime against the State, so it is not up to her, in regard to you being arrested. Now, you wait until your next court date unless you already set one and you need to appear. She can speak with the State, as I shared in detail above and speak with them about dismissing this.

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Customer reply replied 4 months ago
her not showing up to the court date doesn’t have an effect ?
Lawyer: LegalKnowledge, Attorney replied 4 months ago

I shared with you it does if this goes all the way to trial. If she fails to appear, they have to the victim to testify and no other evidence, so they would not be able to proceed.

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Customer reply replied 4 months ago
when you say she can speak to the state what do you mean? Like before we have court ? Or because i was arraigned we’ll have to wait u til the actual court date
Lawyer: LegalKnowledge, Attorney replied 4 months ago

I mean she can call the prosecutor assigned to the State and speak with them. This can be done once the case is assigned and it should happen shortly. She can call them on the phone this week.

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Customer reply replied 4 months ago
How would we know who she should call? Like the police department?
Lawyer: LegalKnowledge, Attorney replied 4 months ago

No, she would call the Da/ State Attorney office tomorrow morning. That is who is handling the case.

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Customer reply replied 4 months ago
what kind of things should she say?
Lawyer: LegalKnowledge, Attorney replied 4 months ago

She needs to explain them the situation and how you did not touch or strike her and there was no physical contact and she was drinking at the time and not aware of what she was saying. She needs to tell them the truth and convince them that you did not do anything and were wrongfully arrested and charged.

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Customer reply replied 4 months ago
Well the only thing i did do was restrain her from behind when she was trying to hit me
Customer reply replied 4 months ago
But like as far as hitting & striking her no. I just tried to put her sleep & restrained her so she’d stop striking me
Lawyer: LegalKnowledge, Attorney replied 4 months ago

That is also a defense which you would have if this went to trial. If she was trying to hit you, you have a right to defend yourself and if she admits to trying to hit you and you defending yourself, the State may decide to drop this as well.

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Lawyer: LegalKnowledge, Attorney replied 4 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Lawyer: LegalKnowledge, Attorney 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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