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  1. #1
    Join Date
    Oct 2012
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    7

    Default Can I Get a Domestic Violence Charge Dismissed if the Alleged Victim Retracts

    I have a few questions, but first short statement:

    Arrested under false statement and waiting arriangment for alleged pc 243 (e) (1).

    Presumed victim now admitts no such touching took place.

    What can be done?
    Can a motion of dimissing the case before arranigment be done?
    Can a plea be delay?

    Under Calfornia law.

    Thank you

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can I Get a Domestic Violence Charge Dismissed if the Alleged Victim Retracts

    Quote Quoting mward2012
    View Post
    Presumed victim now admitts no such touching took place.
    As victims make false retractions on a regular basis, depending on the evidence and the prosecutor's policies the prosecutor may choose to continue the prosecution.
    Quote Quoting mward2012
    What can be done?
    You can discuss that with your lawyer.
    Quote Quoting mward2012
    Can a motion of dimissing the case before arranigment be done?
    A motion to set aside an indictment or information under PC Sec. 995? You can discuss your lawyer whether it's worth filing such a motion, and whether it's worth filing before the arraignment. The alleged victim's after-the-fact retraction, though, is unlikely to convince a court that the charge was not supported by probable cause.
    Quote Quoting mward2012
    Can a plea be delay?
    If you don't want to enter a plea, you have the right to take your case to trial.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,254

    Default Re: Can I Get a Domestic Violence Charge Dismissed if the Alleged Victim Retracts

    To reinforce what Mr. K says. A criminal charge is not a you "victim vs. you" action, it is the STATE that is harmed and is the plaintive party. Again, recanting of victims in DV cases often doesn't mean the crime didn't occur and the state is frequently disinclined to drop the case just because of a subsequent recantation if there is evidence that the crime did occur.

    If you don't make a plea, in California (you omitted this important question the site asks, but since you quote what appears to be the California penal code, I'll make the assumption) will just enter a plea of not guilty if you don't state one at your arraignment. All it means is you'll be scheduled for a trial. You NEED a lawyer.

  4. #4
    Join Date
    Oct 2012
    Posts
    7

    Default Re: Can I Get a Domestic Violence Charge Dismissed if the Alleged Victim Retracts

    Thank you,

    Yes it is Calfornia law.

    This is what I am confused of, my situtation, was I went to his home, to inform him, I wanted the relationship to end verse over the phone or text.

    Nothing happen in side the residence, as he was coming close to me, I decided to turn around and allow myself to open the door to leave and as so, he had kicked my rear end. Shocked I turned around to ask but never finish my statement of why? he then grab me, I asked him to stop as he leap if you want to say (like he wanted me to go back into the house) his hand I know was on my right ear due to the fact that earring broke off when I seen it on the ground just like my sunglassess as I had fallen backwheres, I did by reaction grab on to his shirt, in doing that unware to me he was wearing his golden cross, only when I heard it fallen to the concreate.
    He then began yelling at me about who would paid for it? I told him who would pay for my golden earrings? He then came at me while i was still on the ground grabbing my head, I told him to stop repeatly but wouldnt, then i place my legs up to stop him and grab my foot dragging me on the dirt cause my boot to come off. I repeatly asked him to stop. When I finally got up, he went after me, and pushing me into the brushes infront of his residence, I got injuried and fell to the ground, I thought I was bleeding, my leg was injuried and unable to get up, holding my leg and looking around to see if anyone was out of their homes to stop him but no one. All I wanted to do was go into my vehicle and leave but as I was injuried and not knowing what was wrong, I did get up and he wanted to challege me, I said no, this is it, it over when he grab me again it went on for a while till he slap me in the face.
    I was able to get to my vehicle and drive off, emotional upset, embrassed, and time passed I had to pick up my grand child from school that I went straight home injuried and feeling wet, I noticed It was not blood even when this brush did break the skin and a overly large hand bruised appeared later that evening. The wetness was ...I had wet myself. I dont even know how.
    he continued to call me on my phone, saying many things and that he was going to call the police ( he was running scared due to my son being an officer and I do legal work, but I wasnt going to say a word due to the shock, embrassment, shame)
    The police came to my residence, I told the male officer, I didnt want to say anythying due to the embrassment and my son. He asked about his scrap on his elbow, i did tell him he caused it when he leaped at me and I fell back and he was trying to balance himself with his succo walls of his residence.
    I was shaken up, didnt want to talk, my gradchild was next to me and didnt want her to wonder whats wrong, I told him I am hurt but didnt want pictures taken, I didnt feel confrontable showing him. He then told me i was being arrested and turned around, I was thinking of the safetly of my grandchild, she started to cry, I ask why Im i being arrested Im the victim, he said he had injuries and a witness and my pictures can be taken by a female officer at the station. Never arrested, clear record even tickets, yes a law school for 2 years but stop after my oldest son die( father to my grandchild, mother is in the army oversea) but I was going back after I moved my business back home.
    He lied to the officer about his injuries but supposly did not want to file charges. Officer did talk to my son who is also a officer for the same county informing him i was being arrested, my son was shock because I was able to talk to him and sent him pictures he reguested of my injuries.
    I dont understand how his officer still arrest me, the real victim, and let him be free to this day.
    The officer arrest my for a felony charge but charges were file as a pc 243 e 1, battery of DM. I am lost and confused I understand the charge, even the slight touch, but as my long story coming to an end, I never touch him, just walked away and was kicked in the rear.
    Now he is admitting he lied due to running scare that I would do something, but the officer should of known the difference.
    and yes i bailed out within hours and went to the hositpal to have my injuries checked.
    What are you imput on this?
    Why would this happen?
    what was the officer PC to arrest me?
    Why would the officer place I had no injuries on the booking information?
    What are my chances to have this dismiess?
    What legal arugments deside the 3 i know of already?
    I guess a reading listening ear is what I need, I dont want record ruin.

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