What can I do to have a domestic violence case dismissed without hiring an attorney?

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What can I do to have a domestic violence case dismissed without hiring an attorney?

In the heat of the moment during an argument between my mother and I, I grabbed her and started screaming at her. When the cops arrived we were laying outside on the street in front of my home holding eachother while arguing. No punches were thrown and neither of us were injured. My mother and I have since reconciled and she wishes for the charges to be dropped. I can’t afford a criminal defense attorney at the moment and I don’t feel the prosecution has much of a case against me. Will bringing my mother along with me to court help get the case dismissed if she requests for the charges to be dropped?

Asked on March 18, 2018 under Criminal Law, Nevada

Answers:

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

Answered 3 years ago | Contributor

Whether or not to drop criminal charges rests with the state, not the victim. Accordingly, it is up to the prosecutor if the case gets dismissed. If there is sufficient enough evidence, even without your mother's cooperation, the case can still go forward. At this point, see if you can somehow get the money together for an attorney or see if you qualify for a public defender. You can check if your city/state bar association has a list of lawyers who take cases "pro bono" (for free). This is a serious charge with serious consequences, so you would be far better off having legal representation when you go to court. 


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