how can a domestic violence can be drop. because i want to drop my wife case… and i filled out already a form that i want to drop the case

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how can a domestic violence can be drop. because i want to drop my wife case… and i filled out already a form that i want to drop the case

Asked on June 27, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although i do not practice law in the State of California, the general rule, as you may have learned, is that the decision whether or not to prosecute a case (i.e. whether or not to drop charges) rests with the prosecuting authority and not with the alleged victim.  What that means, from a practical perspective, is that a case may be prosecuted over the objection of the alleged victim.  That being said, a skilled criminal defense attorney may be able to use the fact that an alleged victim does not want to cooperate with the prosecution as leverage to obtain a favorable result for the defendant (i.e. to potentially have the charges dismissed or otherwise resolved favorably).  Therefore, I suggest that your wife consult with and/or retain a criminal defense attorney to discuss the merits of the state's case as well as any and all strategies available to her to successfully defend her charges and obtain the most favorable result possible.


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.

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