How do I get a first time domestic abuse charges dropped off of my husband?

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How do I get a first time domestic abuse charges dropped off of my husband?

He doesn’t have anything on his record. I told the police that I didn’t want to proceed with the charges.

Asked on December 28, 2012 under Criminal Law, Louisiana

Answers:

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

Answered 8 years ago | Contributor

There is something of which you need to be aware. Whether or not to prosecute a case (i.e. to drop charges) rests with the prosecutor and not with the victim. Accordingly, a case may be prosecuted over a victim's objections. While the state's case would be stronger with your cooperation, if there is other evidence to support the charge the case may still go forward.

That having been said, an knowledgeable criminal law attorney may be able to use the fact that you don't want to cooperate to obtain a favorable result for your boyfriend, especially since he has no prior criminal record. Experienced counsel may possibly be able to talk the prosecutor into dropping the charges (i.e. dismissing the case).

You should, however, be aware that prosecutors can be unwilling to drop these types of cases, in that they do not want offenders to think that that if they can intimidate a victim and get away with this behavior.


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