How can i get domestic violence charges dropped as the victim?

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How can i get domestic violence charges dropped as the victim?

My wife and I were drinking one night and got in an argument and it turned into her punching me and giving me a black eye. In my drunken stupor I called the cops and she got arrested. I did not write a statement but they told me they

Asked on October 1, 2019 under Criminal Law, Wisconsin

Answers:

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

Answered 2 years ago | Contributor

You need to understand something, whether or not to drop a case rests with the prosecutor and not with the victim. So this case may be prosecuted even if you object. While the state's case would be stronger if you cooperated, if there is other compelling evidence to support the charge, the case can still go forward over your objections. That having been said, an experienced criminal defense attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for your wife. They may even be able to talk the prosecutor into dismissing or reducing the charge, although, prosecutors can be unwilling to drop these types of cases as they do not want offenders to think that they can intimidate a victim and can get away with this behavior.

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

Answered 2 years ago | Contributor

You need to understand something, whether or not to drop a case rests with the prosecutor and not with the victim. So this case may be prosecuted even if you object. While the state's case would be stronger if you cooperated, if there is other compelling evidence to support the charge, the case can still go forward over your objections. That having been said, an experienced criminal defense attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for your wife. They may even be able to talk the prosecutor into dismissing or reducing the charge, although, prosecutors can be unwilling to drop these types of cases as they do not want offenders to think that they can intimidate a victim and can get away with this behavior.


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