If I’m a large male and my fiance got arrested for supposedly hitting me but the police embellished it on the report and she is now in jail, what can I do to get her out?

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If I’m a large male and my fiance got arrested for supposedly hitting me but the police embellished it on the report and she is now in jail, what can I do to get her out?

My fiance and got into an argument and I called the police to get my things out of her car and when they got there they asked me what happened I told them that we got into an argument and that I just wanted to get my things and go. They asked me what happened during the argument I told them that we argued in the car and, thinking nothing of it, I told them the story and that she accidentally grazed me while gesturing and they latched onto that and said it was domestic violence. I told them that that wasn’t the case but they ignored me and said she had to go to jail. They charged her and her arraignment is on Monday. Is there anything I can do or say to get this thrown out because this is a complete misunderstanding and I want her out?

Asked on January 21, 2017 under Criminal Law, California

Answers:

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

Answered 4 years ago | Contributor

There is something that you need to understand and that is whether or not to prosecute (i.e. drop it) rests with the prosecutor and not with the alleged victim. This means that your case may be prosecuted even over your objection. While the state's case would be stronger with your cooperation, it can still move forward if there is other strong evidence to support the charge. That having been said, an experienced criminal law attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for your fiance. They may be able to talk the prosecutor into dismissing or reducing the charge. 


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