Asked in Criminal Law and Domestic Violence for New Mexico

Q: My gf was arrested for battery and domestic i didnt press charges how long will she be in county

1 Lawyer Answer
Stephen Aarons
Stephen Aarons
Answered
  • Criminal Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: Despite what you see on TV, domestic violence victims do not "press charges" and you cannot "drop charges" either. The State of New Mexico filed the charges and the prosecutor is the one who proceeds further to trial, negotiates a plea agreement with the defendant, or dismisses the case. As the alleged victim, you can contact the Victims Advocate at the district attorney office where your girlfriend's case is being prosecuted. Although you cannot force them to drop the charges, the fact that you do not want the case to be prosecuted does play a role in how the case is likely to end up. There are other factors, such as whether they can prove the case without your cooperation, whether there is evidence of damage or photographs of physical injury.

I do not have enough information on how long she will be in county. If she has no prior record I expect she will be released in a matter of hours or a day with instructions to return to court. The bigger question is what will happen with her case in the long run and your communication with the officer of the prosecutor should help her avoid more serious consequences.

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