Legal Question in Criminal Law in California

Getting Charges Dismissed When Domestic Violence Invloves DA, Charges Should Not

My boyfriend and I were fighting and the police were called, resultng in a domestic violence case and one person ''must'' be arrested. He was arrested and I told the police I didnt want to press charges but they issued a Permenent Restraining Order and the DA office filed a case against him. He is now being charged with multiple charges, all from past cases probabtion violation or something. Plus he has court appointed defense who has not shown up on more than one occassion and doesnt seem adequate -- is there any way to get the case dismissed or anything to be done?


Asked on 9/01/05, 8:52 pm

2 Answers from Attorneys
Okorie Okorocha California Legal Team

Re: Getting Charges Dismissed When Domestic Violence Invloves DA, Charges Should

It is EXTREMELY RARE that a D.A. would dismiss a domestic case because the victim wants to drop the charges. The reason is that a lot of domestic victims drop the charges and later get hurt by the perpetrator.

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Answered on 9/01/05, 9:13 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Getting Charges Dismissed When Domestic Violence Invloves DA, Charges Should

In most counties the district attorney does not prosecute cases where the evidence is weak. Often this requires some signs of physical injury. It would appear that you are not reporting what the police officers saw. After the police investigate and make their report, the district attorney's office reviews thafacts and determines whether or not the matter should proceed to criminal charges being filed in court.

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Answered on 9/02/05, 2:18 am


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