[niceguyok]

After an argument with my wife the police found it necessary for domestic abuse abuse complaints to be turned over to the DA's office. I was never arrested or taken into custody. I have never been interviewed by anyone. My wife made it clear at the beginning that she didn't want charges, obviously the decision int hers.

To make a long story short, the assiistant DA came into contact with me and is wanting to file charges. That discussion was a week ago. No charges have been filed still. What are they waiting for, its been 14 days?

My lawyers approach to this is he has asked for a deferred prosecution, the DA's office still hasn't said yes or no. Not sure what they are waiting on? My understanding from these forums is the best time to make this go away is to do so before charges have even been filed. Mmy lawyer seems to be taking the wait and see approach.
Again, my wife doesn't want charges filed. Is there anything else I should be doing while waiting for the da's office to accept or not accept the deferred prosecution?Is accepting deferred prosecution an admission of guilt? Should she being filing a affidavit of non prosecution? My lawyer just seems to be kicking back until the da comes to him' I feel that I should be doing something proactively before charges are even filed. Opinions?

[Mr. Knowitall]

What do you think "rough handling" is? Handling somebody roughly is battery.

A deferral would normally mean that you plead guilty, but aren't convicted of the offense if you successfully complete a period of probation. It's probably the best deal you'll be offered.

[niceguyok]

I was under the impression that deferred prosecution meant that if I don't complete the requirements (dv or anger management course, probation) that charges would then be filed, but if I do complete them successfully, then the charges never get filed in the first place.

[Mr. Knowitall]

I was thinking of a deferred sentence, which is what is usually done in domestic violence cases. If you can get deferral of the charges with no plea, and a dismissal if you stay out of trouble, that's a very good outcome.