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How to Get a Court to Drop a Domestic Violence Charge

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  • 09-12-2017, 07:17 AM
    AmberMarie2014
    How to Get a Court to Drop a Domestic Violence Charge
    My question involves criminal law for the state of: Michigan. My ex boyfriend and I got into an argument and it esculated a little bit, no punches were thrown, it was just wresteling. He got arrested, maid bond and his arraignment is this Thursday. I found out he is getting charged with domestic violence assault and battery. I have videos of the incident. I sent them to the arresting police officer and I had asked the police officer what he was charging my ex boyfriend and the officer said MDOP. But his bond paper work says different, which I found out by calling the court magistrate. I'm just looking to write a letter to the judge so then I can try to get his charges dropped.
  • 09-12-2017, 07:24 AM
    Mr. Knowitall
    Re: How to Get a Court to Drop a Domestic Violence Charge
    Leave the court alone. The court cannot drop the charges -- that's the prosecutor's prerogative.

    Speak to the prosecutor who is in charge of the case, or the prosecutor's victim's rights officer.

    Note that "wrestling" is sufficient to support a DV conviction. For a first offense, your boyfriend should be discussing his options with his lawyer, including the possibility of a deferred sentence.
  • 09-12-2017, 07:45 AM
    adjusterjack
    Re: How to Get a Court to Drop a Domestic Violence Charge
    Quote:

    Quoting AmberMarie2014
    View Post
    My question involves criminal law for the state of: Michigan. My ex boyfriend and I got into an argument and it esculated a little bit, no punches were thrown, it was just wresteling. He got arrested, maid bond and his arraignment is this Thursday. I found out he is getting charged with domestic violence assault and battery. I have videos of the incident. I sent them to the arresting police officer and I had asked the police officer what he was charging my ex boyfriend and the officer said MDOP. But his bond paper work says different, which I found out by calling the court magistrate. I'm just looking to write a letter to the judge so then I can try to get his charges dropped.

    The criminal justice system is quite accustomed to abuse victims trying to recant after charges are brought.

    That's why your efforts are likely to be ignored.

    The videos you sent may just be enough to convict him even if you don't testify.
  • 09-12-2017, 07:55 AM
    Mr. Knowitall
    Re: How to Get a Court to Drop a Domestic Violence Charge
    Quote:

    Quoting flyingron
    View Post
    Specifically, if the charges aren't outright dismissed in Maryland, he wants a Probation Before Judgment.

    It's Michigan, where I believe a PBJ is a type of sandwich. :cool:
  • 09-12-2017, 08:02 AM
    flyingron
    Re: How to Get a Court to Drop a Domestic Violence Charge
    Quote:

    Quoting Mr. Knowitall
    View Post
    It's Michigan, where I believe a PBJ is a type of sandwich. :cool:

    Oops, my bad. Got this and the bank fraud thread confused I guess.
  • 09-12-2017, 03:17 PM
    qwaspolk69
    Re: How to Get a Court to Drop a Domestic Violence Charge
    Quote:

    Quoting AmberMarie2014
    View Post
    My question involves criminal law for the state of: Michigan. My ex boyfriend and I got into an argument and it esculated a little bit, no punches were thrown, it was just wresteling. He got arrested, maid bond and his arraignment is this Thursday. I found out he is getting charged with domestic violence assault and battery. I have videos of the incident. I sent them to the arresting police officer and I had asked the police officer what he was charging my ex boyfriend and the officer said MDOP. But his bond paper work says different, which I found out by calling the court magistrate. I'm just looking to write a letter to the judge so then I can try to get his charges dropped.

    The police officer has no say in the charges. If the prosecutor decides to he or she will drop the charges but I highly doubt it.

    You should really talk to a dv counselor or someone because this is not normal or ok behavior in a relationship.

    Also the judge will not take any correspondence from you. If you send a letter it's just going to get tossed. Let it play out in court.
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