Lancaster, CA asked in Criminal Law for California

Q: Dropped charges on DV case. How likely will DA prosecute for misdemeanor with children present with no priors?

Fiancee was blackout drunk while taking antidepressants and kinda went nuts. Slapped and punched my arm about 5 times and threw some books at me in front of our kids that were asleep. He is trying to get his real estate license and this might prevent him from it. I dropped the charges. Just want to know likelihood of DA pressing charges when he has no priors of DV and what is the worst possible outcome

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: To properly evaluate any legal question a lawyer needs a thorough summary of the facts.

This involves not just your interpretation but what the other side is saying too.

If you are not clear then the lawyer will no doubt be challenged to correctly respond. It is the old adage: “Junk in, junk out”

the DA can still file and call you as a witness.

the victim is the people of the state of calif......you are a wit.

however from a practical standpoint they may at some point decide not to take the case to trial b/c you are not a cooperative wit.

Domingo R. Castillo
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Answered
  • Indio, CA
  • Licensed in California

A: More info & details needed. I suggest u speak to a crim def attorney right away. These are serious crim matters.

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