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.
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.
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.