How can i have my husbandscharges dropped or reduced?

my husband and i had a confertation
about a week ago and this is what
happend. We were having a disagreement
while we were at my aunts house and
were yelling a fussing so my aunt asked
us to leave we were getting in the
truck i was in the back seat he was in
the front seat there were alot of
things in the truck so we were trying
to fix room for the kids well he went
to toss a baseball bat in the back and
i moved in the way well it hit my head
and my aunt thought he did it purposely
well we got in the truck an left when
we got home i remained in the truck and
he went walking well like 30 min later
i decided to go look for him i found
him under the bridge cutting his wrist
he came out and started walking back to
the house but continued to try to cut
him self so i tried to get the knife
from him he pulled out another one he
went threw someones yard to get home
quicker i continued walking down the
street as i approached the house he was
backing out of the drive way i stood in
the middle of the road to try and stop
him i was worried about him hez been
off his meds for a week or so and was
not acting like himself he tried
earlier in the week to kill himself by
overdoseing on some kind of pills and i
nurtured him threw that but hes got
bipolar disorder paranoia ptsd chronic
depression an several other mental
illnesses so as i continued to stand in
the street he put the truck in reverse
and backed up a ways then put it back
in drive pulling down forward as he got
closer he started to turn so he wouldnt
hit me but i grabbed ahold of the
mirror as soon as he noticed i had the
mirror he slammed on breaks i fell at
that point he looked over at me then
took off he was making sure he wouldnt
hit me when he did leave i was scraped
up a little bit an was out of breath i
called the police because of how i was
breathing and i seemed to be in shock
with all that was going on i told the
officer bit an peices of what happend
but my mom an her boyfriend told the
officer he hit me in the head with a
baseball bat. They werent at my aunts
house but my aunt called them when we
pulled off and told them he purposly
hit me in the head with the bat no he
didnt.. Well the officer would not
listen to anything i had to say nor did
he put in the report i did not want to
press charges or anything about me
grabbing the mirror he put in the
report he hit me with the truck no he
didnt also he put he purposely hit me
with a bat now my husband is sitting in
jail for aggravated assault and
aggravated assult with a weapon. I
requested him to be put in a mental
hospital because he wasnt on his meds
but that wasnt in the report either my
husband even told the officers that
arrested him he tried to overdose on
medication minutes before he was
arrested an requested to be admitted in
a mental hospital they ignored his
request.. How can i have his charges
dropped or at least get them dropped or

Asked on June 4, 2017 under Criminal Law, Georgia


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

Answered 3 years ago | Contributor

Whether or not to prosecute a case, that is whether or not to drop charges, is a decision that rests with the prosecutor and not with the alleged victim. Therefore, a case may be prosecuted over their objection. While the state's case would be stronger with the victim's testimony, if there is other evidence to support the charge, the case may still go forward. That having been said, a skilled criminal defense lawyer may be able to use the fact that you do not want to cooperate as leverage to obtain a favorable result for your husband (i.e. to potentially have the charges dismissed or otherwise favorably resolved). However, prosecutors are often very unwilling to simply drop these types of cases. They do not want offenders to believe that they can intimidate or otherwise unduly influence a victim and can get away with what they have done. Further, if you are subpoenaed you must show up to court or you can be held in contempt and fined and/or jailed.

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