Q: For a domestic charge , can it be dropped at araignment if my wife chooses to not press charges. Without going to trial?
I've heard if she attends arraignment and she wishes to drop it that they can probably put me on a probationary period if especially if the case is minor ...?
A: Generally the prosecutor will not simply drop a domestic assault charge because the wife does not want to "press charges"; it is now out of her hands once the police were called and you were arrested. It sounds like you are talking about the first offender program which includes a probationary period and completion of an anger management program, after which the charge will be dismissed. HOWEVER, going this route means you can never expunge the original charge (although you can state that you have no conviction) or own a gun, to mention at few consequences you may not have considered.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.