Chances on a dismissal

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

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 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.

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