Virginia Beach, VA asked in Domestic Violence for Virginia

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 ...?

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1 Lawyer Answer

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.

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