How doI get domestic charges dropped against my husband?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI get domestic charges dropped against my husband?
I had an altercation with my husband. He was arrested, processed the next day, and released. I didn’t know he was going to be arrested. Now we have to go to court on and I want to drop all charges against him. We have been together for 15 years and this has never happened before. I don’t know what to do? Should we speak to a criminal law attorney? In Staten Island, NY.
Asked on November 2, 2010 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Whether or not to prosecute a case (that is to drop charges) rests with the prosecutor and not with the alleged victim. Accordingly, a case may be prosecuted over your objection. The states case would be stronger with your testimony but if there is other evidence to support the charge the prosecutor may still go forward with the case.
However, an experienced attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for your husband. They may possibly be able to talk the prosecutor into dismissing the charges. You should be aware though that prosecutors can be unwilling to simply drop these types of cases. The reason - they do not want offenders to think that that if they can intimidate a victim, they can get away with what they have done. While that may not be the case here, it is how prosecutors think.
Right now, your husband needs to consult with criminal defense attorney about his case. And if you are going to court in a few days, then he needs to do so ASAP.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.