Q: I have been charged with a simple assault, domestic violence charge. 1st offense. Can a public defender help dismiss it?
This case was is NC. I am from NJ and plan to attend court 12/20. My boyfriend is going to come and request the case to be dismissed as well. Can a public defender help me get these charges dismissed as this is my 1st offense and arrest in my life? Or do I really need a private lawyer? I do not have alot of money.
A: Generally, District Attorney's Offices are reluctant to outright dismiss domestic violence charges. A public defender, court-appointed counsel, or a private defense attorney all would have the same chance of having the charges dismissed. It is also not up to your boyfriend if the DA's office will dismiss the case - it is the DA's case, and they decide how to proceed. Your boyfriend being present, as the prosecuting witness, letting the DA's office know that he doesn't plan on cooperating with the prosecution, may prove helpful for your case, but again, it is not up to your boyfriend. Regardless, you need an attorney to defend you in this matter. I don't recommend trying to handle this yourself.
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