Q: I had my fiance arrested for DV. It's his first offense and was held for 5dys. Will they let him go if I wish to drop it
He fully complied and I know before speaking to the police that he was ready and willing to be arrested for crime will the courts see this as an act of mercy and let him go with a plea of guilt and how can I get this information to him before Monday if I have the tempore restraining order that I myself asked to not be issued even with pictures and report issued.
A: If he's in custody at the court date, they may offer him a get out of jail plea bargain, but they may not depending on the facts of the case. When the victim of a case doesn't want prosecution, the prosecution will still prosecute him. When a victim doesn't want prosecution, the prosecution may negotiate a better deal for him, but the better deal may not occur at the first court date. More facts are required to provide a thorough analysis.
A: The DA makes decisions re: filing or dropping charges. You might be ordered to testify against him. 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.
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