If my husband hit me and he has a court date to go to for battery but I do not want to press charges, what is the judge going to do?

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If my husband hit me and he has a court date to go to for battery but I do not want to press charges, what is the judge going to do?

Asked on April 16, 2012 under Criminal Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your husband has his first court appearance coming up for "battery" as to you, it is called an arraignment where he is read the charges against him, enters a plea and a settlement conference is then set. Unfortunately for you, even though you do not want to press charges against him, the criminal action is out of your control. Rather, it is up to the district attorney's office handling the case to determine what course will be taken as to a possible plea bargain, dismissal or trial against your husband.

The judge just oversees the proceedings and ends up enforcing the law with respect to how matters against your husband proceed. I suggest that he consult with a criminal defense attorney if he does not have one already.


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