Q: How can i dismiss domestic violence charges against my husband before the pretrial if my prosecutor is not willing to me
A:
You can't. Prosecutors make charging decisions, and are the only ones who can dismiss charges. In domestic violence cases, most prosecutors are reluctant to just dismiss charges based on the your wishes. At the least, I suspect they will wait until a scheduled hearing to put on the record that they are unable to move forward with the case because of your reluctance. It's a liability issue in many ways because the worst-case scenario in all this is that prosecutors and police fail to act and then someone ends up dead, and there's no record of why the police or prosecutor did what they did.
Believe it or not, it is somewhat common for domestic violence victims to try getting charges dropped. Some police see that as being used by one party in the sense that someone just wants the police to take someone away for the night, and as you might imagine, are not fans of that feeling. Prosecutors fear liability as I mentioned where something bad happens down the road, and news reports reveal that there were several reports made without anything happening. When you do talk with a prosecutor, expect them to not meet your request with very much kindness or empathy. The bottom line is that when you call the police, your private problem becomes a public problem, and you largely lose the ability to control what happens once the police show up.
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.
