Washington, DC asked in Criminal Law, Family Law, Domestic Violence and Gov & Administrative Law for California

Q: Will DA decide to prosecute based on the current case only or will they make their decision based on prev crim record?

My spouse has a strike for car jacking; he was arrested recently for DV.

I called, but honestly he was not the aggressor. I exaggerated because the cops who showed threatened to charge me with false filling for calling if he didnt do anything. I actually just wanted him to leave; but he got arrested for misdemeanor DV.

I know I was wrong and can face charges but I cant sleep at night if he pays for something he didnt do.

How can I fix this? I hope DA just drops charges but am afraid they will see his prev arrest and throw the book at him.

What should I do?

1 Lawyer Answer

A: every DA filing deputy brings different things to the table in making a decision.

as a rule one is prosecuted based on the evidence in this case.........the prior record will more correctly be considered when determining a sentence.

you need to hire a lawyer to contact DA asap

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