[niceguyok]

My wife went to the police station and gave a report of supposed DV. I was never arrested or interviewed by any police officers, since I wasn't home when they came out. Charges have not been filed. Yet. Spoke to the DA who said last week that charges most likely will be filed this week. When I spoke to him on the phone last week (before I had an attorney. I didn't admit any guilt) he wanted to offer me a misdemeanor and 1 year probation and wanted me to come in personally and speak to him. It still hasn't happened. I have a lawyer who has been in contact with the assistant DA and my lawyer gave a proposal of deferred prosecution. According to my lawyer, it would mean 52 weeks of DV classes and 1 year probation. BAsically it would be like the charge was never filed.

Are my chances good that I'll get a deferred prosecution or will the DA most likely want to bring charges against me? I have no criminal record, it's basically my word against my wifes and she doesn't want to testify at all or see me get in any trouble which basically means the state doesn't have a witness unless she is subpoenaed.

[cdwjava]

Obviously, I cannot speak for the practice in your state and county, but out here in CA this is common for first offenses with no priors.

Your attorney can tell you if this is commonplace.

- Carl

[niceguyok]

Common for DV cases?

[cdwjava]

Common for DV cases?

At least in CA, yes.

- Carl