How doI get domestic charges dropped against my husband?

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How doI get domestic charges dropped against my husband?

I had an altercation with my husband. He was arrested, processed the next day, and released. I didn’t know he was going to be arrested. Now we have to go to court on and I want to drop all charges against him. We have been together for 15 years and  this has never happened before. I don’t know what to do? Should we speak to a criminal law attorney? In Staten Island, NY.

Asked on November 2, 2010 under Family Law, New York

Answers:

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

Answered 11 years ago | Contributor

Whether or not to prosecute a case (that is to drop charges) rests with the prosecutor and not with the alleged victim.  Accordingly, a case may be prosecuted over your objection.  The states case would be stronger with your testimony but if there is other evidence to support the charge the prosecutor may still go forward with the case.

However, an experienced attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for your husband. They may possibly be able to talk the prosecutor into dismissing the charges. You should be aware though that prosecutors can be unwilling to simply drop these types of cases. The reason - they do not want offenders to think that that if they can intimidate a victim, they can get away with what they have done.  While that may not be the case here, it is how prosecutors think.

Right now, your husband needs to consult with criminal defense attorney about his case.  And if you are going to court in a few days, then he needs to do so ASAP.


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