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.
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
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.
A: The police were in a police report and send it to the district attorney for a valuation. Sorry what happened
The DA can file a criminal complaint and even subpoena witnesses to support the case.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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.