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  1. #1
    Join Date
    Feb 2011
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    2

    Exclamation False Domestic Violence Charge

    My question involves criminal law for the state of: California
    I was arrested for domestic battery. My wife who is pregnant had her hormos running wild and told the police that I grab her. I was questioned by the police and when asked if I hit her or did anything to harm her I honestly said no. I fully cooperated. My wife immediately bailed me out. She then tells she made a mistake and over exaggerated her story to the police. She is scared to say anything. What should we do?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Domestic Violence Charge

    Quote Quoting caliguy25
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    My question involves criminal law for the state of: California
    I was arrested for domestic battery. My wife who is pregnant had her hormos running wild and told the police that I grab her. I was questioned by the police and when asked if I hit her or did anything to harm her I honestly said no. I fully cooperated. My wife immediately bailed me out. She then tells she made a mistake and over exaggerated her story to the police. She is scared to say anything. What should we do?
    You should hire an attorney. If you cannot afford one, the court will appoint one for you on or about your arraignment.

    Nearly 75% of domestic violence victims recant within 48 hours or so, and nearly 85% will decline to cooperate by the time court comes up. The DA is not going to be surprised by her change of story.

    She needs to tell the truth and not go around changing her story. If she plans to admit on the stand, to the DA or the police that she exaggerated (this is called "a lie") then she should speak to her own attorney before confessing to that crime (of making a false police report).

    Chances are they will see the original report and statement as more credible than the subsequent one and will try and hold her to her original statement. If she is willing to risk jail to protect you, that is her decision. It may not come to that, but, it may.

    In the meantime, hire an attorney.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: False Domestic Violence Charge

    The only thing that happened was that we verballly argued over her phone and what was on it if that makes any difference

    The only thing that happened was that we verbally argued over her phone and what was on it.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Domestic Violence Charge

    Quote Quoting caliguy25
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    The only thing that happened was that we verballly argued over her phone and what was on it if that makes any difference
    If you were arrested, clearly she said something more than that. There was either a struggle over the phone or she alleged you pushed, shoved, hit, or grabbed her against her will.

    What code section(s) were you booked under?

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