What can I do about false charges about to be filed against my fiance regarding alleged domestic violence?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do about false charges about to be filed against my fiance regarding alleged domestic violence?
I called the police 1 night because my fiance and I were fighting and I got mad, so I left. I drove about 15 minutes from my home, so I was not in any danger. I was just upset so I called the cops and asked for only an escort, not to say that I was being abused and certainly not an arrest. I just wanted some of my items from my home that was it. I did have a busted lip that had not happened from my fiance and I told them that. I then went to the prosecutor and told him face to face that nothing happened, that I never said I was hurt, however he will not listen to me and said he wants to keep the charges, which are false.
Asked on October 7, 2015 under Criminal Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
As you are finding out, whether or not to drop a case i.e. prosecute it rests with the state and not with the victim. So the case against your fiance may be prosecuted even if you object. Now the state's case would be stronger if you cooperated but if there is other strong evidence to support the charge, the case can still go forward.
That having been said, an experienced criminal law attorney may be able to use the fact that you do not want to cooperate with the prosecution to obtain a favorable result for your fiance. They may possibly even be able to get the cased or at least get the charges reduced.
Note Many times prosecutors are unwilling to drop these types of cases since they do not want offenders to think that they can intimidate a victim and can get away with their actions.
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.