Q: What can and can’t I say to a prosecutor to dismiss all charges on a DV case that shouldn’t have happened?
My husband was arrested despite me pleading and asking the police not to. And telling them he wasn’t a violent person..He was arrested and charged with DV and I want to plead with the P.A. to drop charges as it’s causing me and my children more pain than anything. He’s Got no criminal history. He’s not a threat to me and I refuse to press charges as this was the state taking matters into their own hands. He’s an amazing husband. A fantastic father and a hard worker. I made a judgement mistake in texting 911.. and regret it more than anything.
A: Unfortunately it is out of your hands at this point. In Minnesota, the alleged victim does not press charges. The prosecutor does on behalf of the State. The prosecutor makes the decision about whether to move forward with domestic assault charges or not. You can certainly contact them regarding your wishes, but they can subpoena you to trial which will be a court order requiring to appear in Court to testify if the case moves forward to trial.
A:
In my professional experience, prosecutors generally will ignore their "victim's" wishes, unless they conveniently fit into the prosecution agenda -- to convict. There is a conflict of interest problem, since prosecutors often posture as saviors fighting for "victims" but in most domestic assault cases the "victim"does not want the case prosecuted, does not want their family member convicted of a crime, does not want "no contact orders."
I will not be able to provide a complete answer to this question here. I'll mention a few points. Minnesota has a victim's right statute. Perhaps contrary to expectation of many, that statute is cited by defense attorneys like me far more than by prosecuting attorneys. I suggest you read it online. Minnesota Statutes Chapter 611A.
Even though they'll tell you it's out of your hands and there is nothing you can do to stop them, that is misleading at best. In almost all of these cases, the prosecution case depends upon just one witness -- the prosecutor's victim. Without that witness at trial, they will be so severely weakened as to likely lose or dismiss the charges. Does that not mean that witness really does have power after all?
Though a special few people may be able to withstand the threats and manipulations designed to gain their "cooperation," most victims of prosecutor will benefit from retaining a lawyer to represent them. Not every criminal defense lawyer represents "victims" in these cases, but many do. Consider hiring one.
An article I've written may be of interest to you: "How to Get Rid of a Domestic Abuse No Contact Order in Minnesota" at https://wp.me/pAFjr-7v
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