Porterville, CA asked in Domestic Violence for California

Q: How can i drop domestic violence purchase against someone

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2 Lawyer Answers
David  Vaughn
David Vaughn
Answered
  • Criminal Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: I think you may be asking, "How do you drop domestic violence charges against someone?" The way criminal charges work is that the alleged victim does not have the legal authority to drop criminal charges against anyone (or to bring criminal charges against anyone). Instead, charges are brought by a prosecutor's office, usually a district attorney. In deciding whether to bring charges against someone, the prosecutor considers whether the evidence provided to them is sufficient to prove the charges beyond a reasonable doubt. In making their determination, they typically do consider whether the alleged victim wants to pursue the case and whether the alleged victim is willing to testify. It is fairly common in domestic violence cases that an alleged victim does not want charges to be brought against a potential defendant, so there are ways that the prosecutor can prove their case without the victim and even if the victim testifies that defendant didn't commit the crime. I hope this is helpful to you.

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

A: as a rule, you don't have the right to drop charges.

the victim, is the people of the state of California, as represented by the DA (usually).

once an arrest is made, the bail is typically $50k.

you should contact a good criminal lawyer before bailing someone out as the bondsman will charge you 10% or $5k. With a good lawyer, many bondsman will go down to 7% ($3500).

sometimes a good criminal lawyer can talk to the filing deputy and share info with him/her, why the case should not be filed.

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