How to get the DA to drop assault charges on my husband?

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How to get the DA to drop assault charges on my husband?

My husband and I got into an argument one night and he pushed me out of the way to get the car keys long story short. He got a DWI because someone called about a wreck which he really just popped our tire anyways when the cops showed up I didn’t press charges but the officer did. Now we have a no contact order and a 6 month old we both have to take care of. He is a loving man and has never physically hurt me ever. I am unsure what exactly what I said to the officer considering that I was intoxicated. How can I get them to drop this ridiculous charge so that I can get on with my life and go back home?

Asked on October 23, 2017 under Criminal Law, North Carolina

Answers:

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

Answered 3 years ago | Contributor

Whether or not to drop criminal charges is up to the prosecutor, not the alleged victim. The fact is that is that if there exists other evidence to support a conviction, then the victim's cooperation is not necessary and the state will go forward with the case. At this point, you should consult with an attorney as to all of this; they can best advise further.

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

Answered 3 years ago | Contributor

Whether or not to drop criminal charges is up to the prosecutor, not the alleged victim. The fact is that is that if there exists other evidence to support a conviction, then the victim's cooperation is not necessary and the state will go forward with the case. At this point, you should consult with an attorney as to all of this; they can best advise further.


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