Bishop, CA asked in Criminal Law for California

Q: Can the DA really press charges if I never accused my husband of D.V.?

My nine year old heard a loud noise during an argument and called the police to say my husband had slammed me to the ground. This did not happen, nor was he in the room. I had no marks and was adamant that no physical contact occurred, yet they arrested my husband anyway.

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4 Lawyer Answers

William Mihrtad Paparian

Answered
  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: Yes, unfortunately the can and often times do. You need an experienced criminal defense attorney to request a conference with the DA before a filing decision is made.

Joseph Torri agrees with this answer

Joseph Torri

Answered
  • Criminal Law Lawyer
  • Riverside, CA
  • Licensed in California

A: The short answer is yes. The statement from the nine year old is critical in this case. The prosecution generally proceeds forward even when victims and alleged victims don't want prosecution. This case sounds defensible and you should speak to a local domestic violence attorney quickly. More facts are required to provide a thorough analysis.

Sergio H. Benavides

Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: The police were in a police report and send it to the district attorney for a valuation. Sorry what happened

Ali Shahrestani, Esq.

PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: The DA can file a criminal complaint and even subpoena witnesses to support the case.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

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