Shawnee, OK asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Oklahoma

Q: My husband has a 1st offense dv a&b w / strangulation, what happens if I want the charges dropped?

I didn't want him arrested, there was no asphyxia as I could still breathe. There is no bruising. I don't want to press charges. I want him released, but I don't know what to do to make that happen.

1 Lawyer Answer
David A. Cincotta
David A. Cincotta
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: First, your husband needs an attorney. The charge is a serious one. Once the case has been submitted to the DA by the police, the decision on whether to proceed and how to do so rests with the prosecutor. You may no longer wish for the prosecutor to proceed (whether through a declination of charges or dismissal of the case); however, it is up to the prosecutor on whether to continue with the prosecution. There are examples of cases in which the prosecutor continued to prosecute the defendant despite the wishes of the alleged victim/defendant's significant other.

From your description here, it does not appear you are saying your husband did not do it. Rather, it appears that you are saying that it was not as serious as maybe your initial claims or as the police reports indicate. If you need to, use this chance to make adjustments to get away from an abusive relationship. If you don't feel that is necessary, then speak to his attorney, and his attorney should know how to approach the case and the prosecutor to reach the best result for you husband.

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