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  1. #1
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    Oct 2013
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    Default How to Convince the Prosecutor to Drop Domestic Violence Charges Against My Spouse

    My question involves criminal law for the state of: California


    My husband and I got into an argument two months ago, it escalated only slightly, and in the heat of the moment, I called the police. There wasn't any evidence, they got photos of my face but the photos show nothing. We were arguing about keeping the kitchen clean and avoiding cockroaches, but I got offended and it escalated a bit, I slapped him with a wet rag that I had previously just killed a cockroach with. Later he turned off the lights and went to bed. After some minutes I went back into the bedroom (didn't turn on the lights) and confronted him again, he pushed me away with the backside of his hand and it hit on the my right cheek. That's when I made the mistake of calling the police. We want to get them to drop this case. My husband has never been in any legal trouble of any kind before. Would my being at the pre-trial help us or hurt us? I already wrote the judge a letter which our public defender gave to the judge at our initial court appearance. The judge placed a level 1 restraining order for peaceful contact in the home, and set a pre-trial date (hubby plead not guilty to the charges) before we left. Any advice or pointers? We'd be ever so grateful.

    Thanks.


    Distressed in San Gabriel Valley, CA.

  2. #2
    Join Date
    Sep 2005
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    California
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    15,109

    Default Re: Before Pretrial---Victim Wants to Drop Charge but Da/Judge Don't-How Best to Proc

    Quote Quoting magabee
    View Post
    My question involves criminal law for the state of: California


    My husband and I got into an argument two months ago, it escalated only slightly, and in the heat of the moment, I called the police. There wasn't any evidence, they got photos of my face but the photos show nothing. We were arguing about keeping the kitchen clean and avoiding cockroaches, but I got offended and it escalated a bit, I slapped him with a wet rag that I had previously just killed a cockroach with. Later he turned off the lights and went to bed. After some minutes I went back into the bedroom (didn't turn on the lights) and confronted him again, he pushed me away with the backside of his hand and it hit on the my right cheek. That's when I made the mistake of calling the police. We want to get them to drop this case. My husband has never been in any legal trouble of any kind before. Would my being at the pre-trial help us or hurt us? I already wrote the judge a letter which our public defender gave to the judge at our initial court appearance. The judge placed a level 1 restraining order for peaceful contact in the home, and set a pre-trial date (hubby plead not guilty to the charges) before we left. Any advice or pointers? We'd be ever so grateful.
    What is he charged with(What code section(s))?

    And what is this "pre-trial" that is pending? If it is a preliminary hearing, than he was charged with one or more felonies and you might well be asked to testify at that hearing. If it is a readiness conference, then it can still be a misdemeanor and you won't be part of that.

    All you can do is talk to the DA and see if they are willing to drop the matter or if your reticence might convince the DA to offer a plea deal.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Oct 2013
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    3

    Default Re: Before Pretrial---Victim Wants to Drop Charge but Da/Judge Don't-How Best to Proc

    Quote Quoting cdwjava
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    What is he charged with(What code section(s))?

    And what is this "pre-trial" that is pending? If it is a preliminary hearing, than he was charged with one or more felonies and you might well be asked to testify at that hearing. If it is a readiness conference, then it can still be a misdemeanor and you won't be part of that.

    All you can do is talk to the DA and see if they are willing to drop the matter or if your reticence might convince the DA to offer a plea deal.

    The code and section were 234E 1pc BATTERY ON SPOUSE , Misdemeanor. After the initial court appearance, we were scheduled a pre-trial since my husband didn't plead guilty. I don't quite understand where the pre trial will bring us. BTW how to contact the DA? I really appreciate all the information you offer. Thanks very much.

  4. #4
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    Sep 2005
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    California
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    Default Re: Before Pretrial---Victim Wants to Drop Charge but Da/Judge Don't-How Best to Proc

    Quote Quoting magabee
    View Post
    The code and section were 234E 1pc BATTERY ON SPOUSE , Misdemeanor. After the initial court appearance, we were scheduled a pre-trial since my husband didn't plead guilty. I don't quite understand where the pre trial will bring us. BTW how to contact the DA? I really appreciate all the information you offer. Thanks very much.
    Any pre-trial meeting on a misdemeanor will either be a conference between the parties or an evidenciary hearing of some kind. It may not include you at all.

    You can contact the DA by calling their office and asking for the ADA assigned to your husband's case. Whether he will speak to you or agree to drop or plead down the charges or not is something I cannot answer. Since more than 3/4 of DV victims recant or risk jail themselves to protect their abuser, they are likely expecting you to backtrack.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,681

    Default Re: Before Pretrial---Victim Wants to Drop Charge but Da/Judge Don't-How Best to Proc

    You need to understand that a HUGE percentage of DV victims ask for charges to be dropped because they are afraid the violence will get worse if they don't. The judge and the DA EXPECT DV victims to ask for this. It's not a novelty for them and frankly, they won't take a whole lot of notice of it.

    Once you call the police the matter is more or less out of your hands.

  6. #6
    Join Date
    Sep 2011
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    OH10
    Posts
    14,798

    Default Re: How to Convince the Prosecutor to Drop Domestic Violence Charges Against My Spous

    You should advise your husband to stay far away from you and seek a divorce ASAP.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  7. #7
    Join Date
    Oct 2013
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    3

    Default Re: How to Convince the Prosecutor to Drop Domestic Violence Charges Against My Spous

    Quote Quoting Disagreeable
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    You should advise your husband to stay far away from you and seek a divorce ASAP.
    Hmm, it's worth taking it into consideration:

    - - - Updated - - -

    I see.I feel the same way. thanks very much for your response.

    - - - Updated - - -

    Calling the police is the last thing you want to do. I did not know how the system worked here in the states till too late. The true source of our argument was financial problem (Both are working part time) .Big court fine plus other punishment will drag us into deeper trouble. My husband is a teacher. Having a criminal record will severely limit us from getting off Government benefits.
    Thanks for your responses. We appreciate it.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: How to Convince the Prosecutor to Drop Domestic Violence Charges Against My Spous

    If your husband is a teacher, why are you on "government benefits?" His salary alone should put you above the ability to require aid. Or, is he unemployed right now?

    And, as a note, misdemeanor domestic battery is not a disqualifying offense for a teacher.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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