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

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.

1 user found this answer helpful

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.