How should I plead wrongful arrestto aCriminal Domestic Violence charge?

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How should I plead wrongful arrestto aCriminal Domestic Violence charge?

My husband, our children, and I were on vacation and we got into an argument. I was arrested for CDV because he had more injuries than I did but I was defending myself. I am out on bond right now; he doesn’t want to press charges and told the police that. Do I go to my court date and plead not guilty? Or is there another approachthat I  should look into? Should I speak with a criminal defense attorney? In Myrtle Beach, SC.

Asked on September 9, 2010 under Criminal Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

You definitely need to speak to an attorney about your situation.  Just for your information, whether or not to prosecute a case (that is to drop charges) rests with the prosecutor and not with the a victim.  What that means, is that a case may be prosecuted over the victim's objection.  The state's case would be stronger with their testimony but if there is other evidence to support the charge the case may still go forward.

However, an experienced attorney may be able to use the fact that your husband doesn't do not want to cooperate to obtain a favorable result for you. They may possibly be able to talk the prosecutor into dismissing the charges based on self-defense (although this may well open your husband up to charges). You should be aware though that prosecutors can be unwilling to simply drop these types of cases; they do not want offenders to think that that if they can intimidate a victim, they can get away with what they have done.


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