Chicago, IL asked in Criminal Law and Domestic Violence for South Dakota

Q: What can I (victim) do to drop Agg. Assault domestic charge dropped on BF?

My Boyfriend & I were having a disagreement about child support. I seen his hand placed inside his jacket, I asked him to take his hand out & when he did he had his gun in his hand lowering it to his side. Never pointed at me or made reference to it. I told him to put his gun away & he promptly did so. I told him he wasn’t allowed in my apartment anymore. He then made the comment “next time I’m here I’m taking Wesson” (our 2 year old son).

As soon as he left I message my friend who lives below me in the building & she came up & I told her what happened & asked for help with installing a deadbolt on my door.. she told her SO & he went to the police. I was never in fear of our safety. Cop showed up, I was put on the spot & explained what happened. BF was convicted 7 months prior with a SAD w/me with 6m susp. Jail time. So he wasn’t suppose to have his gun in the 1st place. I disagree with the ASD charge. He’s in jail now. This has caused struggle more than relief for us. What can I do?

1 Lawyer Answer

A: This matter is largely out of your hands. The decision as to whether to move forward on a case that has been charged belongs to the prosecutor. You may certainly speak to the prosecutor as you are an essential witness. However, the prosecutor can still make a judgment as to whether or not they wish to call you as a witness. If you are subpoenaed you must appear. If you are not cooperative, the prosecutor may still put you on the stand and simply treat you as a hostile witness. Good luck.

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