Legal Question in Criminal Law in California
atty try to convince DA to dismiss dom viol?
I was charged with a 243(e)(1) against my boyfriend who got scratched. Should an attorney ask the DA to possibly dismiss/drop my charge if I believe boyfriend hit me first and I was trying to get my bicycle and ride home, even though I have no injuries? ''Victim'' has no criminal history. Because the penalites for losing at trial are so harsh ie 3 years supervised probation, fines and 1 year expensive dom violence classes, that I think it might be reasonable for an atty to approach the DA, but I was told the DA will just say, if you think you have a defense, then go to trial. Thank you in advance for any replies to my question.
3 Answers from Attorneys
Re: atty try to convince DA to dismiss dom viol?
Yes, the attorney you hire will do these things for you. How the DA reacts depends on the phase of the moon and other factors.
Re: atty try to convince DA to dismiss dom viol?
Yes, the D.A. will most likely say "go to trial" if you say you're not guilty. But that's why you get an attorney. You want to proceed forward to trial. If the D.A. is going to dismiss, it's usually on the day of trial.
Re: atty try to convince DA to dismiss dom viol?
Sure, you and your attorney can try anything and everything you like. That's what attorneys get paid to do as part of the best defense and negotiations they can achieve. What works will depend on the facts and circumstances of the case, the witnesses and evidence, as well as the attitude of the DA towards your boyfriend, you and your attorney. The prosecutor is paid to prosecute people, and they all work hard to keep a good 'conviction' record. You can understand, I assume, that DA's do not casually dismiss cases that the police and DA's office already extensively evaluated as being proper grounds for criminal charges, just because the defendant 'wants it'? Every defendant wants it dismissed. Prosecutors are clearly instructed to vigorously prosecute domestic violence cases as a matter of policy. You are facing that policy and attitude.
Feel free to contact me if you are serious about getting legal help in this; you're facing serious consequences and penalties, with potential jail time.
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