Chances on a dismissal

My husband and I got into an altercation a few weeks ago. The police were called but I did not press charges. I have been diagnosed with severe anxiety and depression; I hadn’t been taking my med for months. I was at a friend’s house and got pretty drunk. When I came home, I flipped out on my husband and began to hit him. After that is a blur. The next thing I remember after that was the police asking me if I had been drinking. The officer said I had called and said my husband choked me. I have no memory of calling 911 or what I said to them. I had 1 small mark in my jaw he took picture’s but not of all the marks on my husband. The state pressed charges. What are the chances of this being dismissed with a notarized statement from me saying that this was all my fault, I didn’t take my medicine, and was wasted and he was defending himself as he said to the police? Also, was served a subpoena to appear in court as a witness of the state against my husband. I was not a witness to him doing anything because I don’t remember.

Asked on September 22, 2017 under Criminal Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether or not to drop criminal charges is up to the prosecutor, not the victim. The fact is that is there exists other evidence to support a conviction, then the victim's cooperation is not necessary. At this point, you should consult with an attorney as to all of this; they can best advise further.


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