Los Angeles, CA asked in Criminal Law for California

Q: my boyfriend was arrested for DV. Back in June 2015. If there is no evidence against him can it be dismissed?

I was the victim.however he was arrested because there was a witness stating she seen "my boyfriend push me down the stairs" that was a not true....let me just add I have tried to talk to the DA and the Public Defender to have this case dismissed.. However the DA won't let it go even though there is no actual evidence just a false statement which the "witness" is willing to clarify in court.

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1 Lawyer Answer
Sholeh Iravantchi
Sholeh Iravantchi
  • Criminal Law Lawyer
  • Orange , CA
  • Licensed in California

A: In response to your question, if there was a witness, then it is considered an evidence. However, after he was arrested, the police will send the report to DA for their review. Then they will decide if there is a case to be filed against him or not. At this point, if no charges are brought against him, there is no case to be dismissed.

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