Q: Is it likely that a judge will rescind an arrest warrant at the “victim’s” request?
My partner and I got into an argument about a month ago and he swung his arm out giving me a bloody, black eye. I was shocked as it was out of character of him, and proceeded to cooperate with inveterate to obtain an arrest warrant. I do believe it to be an accident after sitting down and speaking with my partner because he isn’t a violent person and he harmlessly swung his arms out to throw a soft drink bottle and didn’t notice I came to sit next to him. Is it likely if I give a statement, that a judge will rescind the arrest warrant and throw out the potential case?
A:
It's not likely at all to happen that way; originally, either you or something else must have led the investigators to believe that it was not an accident, or they would not have had probable cause to take the warrant to a judge for signature.
At this point, it is a domestic violence case and as such, the decision whether to proceed or drop the case is the decision of the state prosecutor. The judge does not have the authority to dismiss the case based on your statement. While your contention now that you believe it was an accident may be helpful in convincing the prosecutor not to move forward with the case, they are legally allowed to pursue it with or without your consent.
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