Legal Question in Criminal Law in California
My boyfriend and I had an argument and he was arrested for domestic violence. I had asked the police not to arrest him and I didnt press charges. They did anyways. My question is how can I help him out of this and how can I help to keep him from getting in trouble, or the most I can do for him when he goes to court or before.
3 Answers from Attorneys
Once the police get involved, there's little you can do on your own.
Individuals cannot "press charges" or drop them. Only the District Attorney can file a criminal case.
The DA will review the police reports and decide whether to file charges against him. If your boyfriend can't afford a lawyer, the judge will appoint one to represent him.
If you want to help, call your boyfriend's lawyer and ask what you can do. At the very least, the attorney will want to interview you. If you try to do something on your own, you might make the case worse.
The DA and City Attorneys prosecute domestic violence vigorously. One of the keys in getting the charges reduced or dismissed is his past. If he has past charges or convictions, he'll have more trouble with the prosecutor than if his past has no prior incidents. Also, the degree of injury and conduct will factor in, as well as your statements to the police and prosecutors.
Once charges are filed, you can presume the prosecutor believes they have a good case and will get a conviction if it goes to trial. They will rely strongly on any past conduct, but less on your statements if they don't favor the case. Your best course is to steer him to a good lawyer to review all the facts. Good luck.
Hire him an attorney. Police and DA policy is to prosecute all incidents, despite the victim recanting, since they generally do so under threats and pressure. If serious about getting counsel to help him, feel free to contact me. If he has no priors, he may be able to avoid conviction and jail in a plea bargain. If he refuses such bargain, he can always go to trial with you objecting to testifying, but if convicted, he faces sentencing to the full term on the law.
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