Sacramento, CA asked in Criminal Law and Domestic Violence for California

Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

3 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the victim's new story. Since I don't know the facts of your case, I will not risk sending a criminal free and a victim back to her abuser by offering advice. You may consider hiring an attorney, since you either lied to the police or are going to. Please consult with victim services or alike.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you fabricated allegations of domestic violence, it is crucial to acknowledge the seriousness of the situation and take prompt action to rectify the false report. You can start by contacting the law enforcement agency or district attorney's office handling the case and informing them of the truth. It's essential to provide a detailed explanation of why you made false statements and express your desire to retract the allegations. Additionally, you may need to consult with an attorney experienced in criminal defense to guide you through the process and advocate on your behalf.

Furthermore, you may be required to testify under oath about the false allegations in court, so it's essential to be honest and forthcoming during any legal proceedings. Cooperating fully with the authorities and demonstrating genuine remorse for your actions can potentially mitigate the consequences you may face for making false reports of domestic violence. However, it's essential to understand that retracting false allegations does not guarantee that the case will be dropped automatically, as the decision ultimately lies with the prosecutor and the court.

In conclusion, taking responsibility for your actions and cooperating with the legal process is essential in addressing fabricated allegations of domestic violence. By seeking legal guidance and being honest with the authorities, you can work towards resolving the situation and mitigating any potential repercussions. It's crucial to approach the situation with sincerity and a commitment to rectifying the harm caused by the false report.

James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: These are difficult situations. Many victims of domestic violence recant, sometimes because they did in fact lie to the police and other times because they want to maintain the relationship with the abuser or for other reasons that are not in the victim's best interests. You should not share anything more on this public site, but instead have a confidential communication with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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