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15 Comments

  1. My husband was arrested for domestic battery but all he had done was push me the DA hasn’t decided weather or not to pursue the charges. Could the charges be dropped if I refuse to cooperate

    1. If you are the only witness and you refuse to cooperate, the prosecutor is going to have a steep uphill battle in trying to prove the allegations. There may be other facts and factors that are admissible which are helpful to the prosecution, however without your cooperation, it is definitely more challenging.

  2. I have the worst memory loss I dont even remember talking to police of any incidents . they called planning to come subpena me and i rubber banded my department of mental health records bcause I don’t plan letting them over stress me no
    Especially not the hottest day of the year .how do i handle this professionally so my innocent friend can Come home .
    .z almost a year ago i got subpoenad and I told his lawyer and mine that i hallucinate and that i thought it was a dream . please help

    1. Your friend should hire an experienced criminal defense attorney to assist through the process. All of the facts you mentioned in your post are relevant and can be useful in the defense of the charges.

  3. My Bf and I got into a fight last night… he slashed my tires, I didn’t call the police a witness did (they only saw tires being slashed).However, I made a recorded statement under oath, I can admit I was intoxicated and couldn’t even remember the order of events or how everything exactly happened. After coming through and hearing some of the report, I see how the issue was exaggerated.During the taping I asked the cop did i have to prosecute in order to get my property fixed she said yes. But since then he’s gotten it fixed and I need to recant my statement because i clearly wasn’t in the right state of mind. Now that i am and i can actually remember the events i need to recant my statement. i don’t see how they could even interview me in that state of shock and being as intoxicated as i was. Is there a way i can do this without threatening my freedom?

    1. Yes, there may be a way to modify your statement to reflect your current recollection of the events. You should contact an attorney in the county in which this happened to discuss your rights as a victim and your role in the criminal prosecution.

      1. UPDATE I was able to recant my statement after several calls and finally a surprise visit to the station. Now I just have to deal with the SA office. If you have any advice for that it would be wonderful lol.
        Thank you!

  4. This is a very good article. I have been going through a nasty divorce. I have tried to do everything amicable but she has cost me a fortune in legal fees over false accusations. I have been surrounded by the cops multiple times in my home. I was arrested for felony stalking. She filed an injunction against me. It feels like most lawyers today take on as many clients as they can, wait for the deal and do very little work to fight a case. Very difficult finding a truly aggressive lawyer willing to do this kind of work. So I took it on my own and really I know my story better than anyone else. My wife broke into my accounts, deleted incriminating evidence, viewed client/attorney privilege information, followed me, harrassed me, broke into my house so many times, alienated my child, etc. I put together a book of 39 exhibits. 540 pages of information and pictures. Her injunction was denied and the judge made the comment that she must make a judgement based on whether or not she felt my wife was ever a victim of domestic violence and then said I cannot come to that conclusion. Now I asked for the transcripts and audio recording because in the injunction hearing she lied 22 times. I will cross reference those and highlight the judges comments and demand next the SA dismiss my criminal case with prejudice. It felt like a losing battle. Very disgusting how easily it is for someone to make such a claim and then the system views them as the victim while you are the actual victim being more victimized. Having cameras up, backing up data, and organizing the data like I did so easily can be found and pulled out to discount each false accusation is how I defeated the injunction. It is never too late to start. I started after my arrest just a couple months ago after a year has passed. I am reading this article now because next step is to get the criminal case dismissed…. The statistics of false allegations just to get upper hand in divorce is really upsetting, and no one in the system is doing the right thing to correct the problem.

  5. My boyfriend and I got into a domestic violence issue and I called the police but I was tipsy and he had cause bruises to my face only but I didn’t want tut o press charges but the detective issue a warrant for him without my permission , how can go about dropping the charges so he want face any time , I don’t want to press charges against him but the detective already issue a warrant…help me please

  6. I need some advice asap I n my boyfriend were partying one night we separated after we got to the bar I got in a bad fight which my nose was broke n i was pulled by 2 females ok well i some how thank god i made it home from this fight barely could see out of my eyes my cousin was here at my house he was tryna help me from bleeding n i was just trying to find my boyfriend he said he was in our bedroom but i could see him because of my eyes closing i walked off leaving my house ended up at my neighbor’s she called the cops ambulance n I just remember waking up in hospital scared afraid I asked if my bf or mother called for me the nurse asked whom did this idk she must have thought I meant my fr n getting home from there the investigator didn’t even let me speak clearly I tried to tell him my truth n he just assumed I meant and said my bf I never meant to get him n trouble I’ve been embarrassed assumed n lost without him but I haven’t paid much mind to the victim’s attorney I wrote a letter to my boyfriend’s attorney stating this what I told u what do I do now

    1. I suggest contacting an attorney that practices in the county in which this happened. They can best advise you as to how to proceed in this matter. There are a lot of factors here and depending on the details in the police report, the advice of counsel may change.