Domestic Violence Charges After a Shoving Match

[ReyRey40]

My question involves criminal law for the state of: Idaho.
so one day my boyfriend and I were having a fight in my apartment. I lived with other girls and my roommate heard me getting frustrated and decided to call the cops on my boyfriend after I told her to stay out of it. the cops proceeded to show up at my houseand decided that because he have pushed me and I had pushed him that we were a battery case and both of us got taken in for battery. at our pre child we got the no contact order dismissed. the prosecutor did not feel comfortable moving forward with my charges so he dropped them and I signed the paperwork for it. My boyfriend on the other hand he wanted a fine for. My boyfriend decided to plead not guilty and he's scheduled him for a trial. I called the court and they had scheduled me for a nother pretrial for the battery charge that was already dropped. I got in touch with my lawyer and he said that the prosecutor had told the judge that's the only way he would drop my charges was if my bf pleaded guilty. Seriously this is so dumb. I feel like he should not base my decision on my bf plea. Is this constitutional? What should we do? We can't be having a criminal record for something so small and dumb. I feel like I am being manipulated

[Mr. Knowitall]

at our pre child we got the no contact order dismissed.

Pretrial.

the prosecutor did not feel comfortable moving forward with my charges so he dropped them and I signed the paperwork for it. My boyfriend on the other hand he wanted a fine for. My boyfriend decided to plead not guilty and he's scheduled him for a trial. I called the court and they had scheduled me for a nother pretrial for the battery charge that was already dropped. I got in touch with my lawyer and he said that the prosecutor had told the judge that's the only way he would drop my charges was if my bf pleaded guilty.

Exactly what did you sign? You don't need to sign anything to have the prosecutor voluntarily dismiss a charge. If you signed a plea agreement with the prosecutor with language, for example, to the effect that a condition of the dismissal was that you would cooperate with related prosecutions, it's possible that the prosecutor is taking the position that you aren't living up to your end of the deal. You would need to be more detailed here or, as I'm sure your lawyer would prefer, discuss the matter privately with your lawyer.

I feel like he should not base my decision on my bf plea. Is this constitutional?

Is it lawful for the prosecutor to say, in effect, "Based upon your story, which seems credible, I'll agree to dismiss the charge against you as long as you don't change the story in relation to our prosecution of your boyfriend?" Yes. The details matter.

What should we do?

You should work with your lawyers.

[flyingron]

Pretrial.

Thanks, for a second there I thought we had a new euphemism for sex.

[Andrea80]

If your BF pleads guilty it is a permanent mark on his record which can never be undone and will seriously effect his employment opportunities or even volunteering at a school event in the future. If it was a mutual "combat" situation where both parties were engaged I would suggest that your BF pleads not guilty and take it to a jury trial since the outcome of a guilty plea is a sure thing while a jury trial can be won (and frequently won) with the help of an attorney. Remember, even if your BF will pay a fine only it will stay on his record forever!
You probably need to talk to an experienced(!!!) attorney who evaluates the case. If there was a third party witness, and the witness cooperates, her testimony, your testimony and your BF's testimony will be the one the jury will decide guilt.