Legal Question in Criminal Law in California

Re: domestic abuse/self defense

DV cases often go to trial where the alleged victim says it did not happen the way the DA suggests. The DA then puts on an expert to say that the recantation is due to the cycle of violence of domestic violence, in an attempt to get the jury to believe the AV is lying now to protect the defendant.

This said, the best thing to do is to cooperate with the defense attorney and to stop talking with the prosecution, including police. The prosecution will likely not drop the case. The judge cannot dismiss without better reason.

Re: domestic abuse/self defense

First thing, stop talking to the prosecution and work with the defense.

The DA will not drop the case and will attempt to show to the jury that your change of mind is worthless, i.e., you are lying because you are trying to help your husband.

DV cases generally get dismissed for two reasons:

1. Victim does not show up to testify at trial.

2. Victim successfully asserts 5th amendment right not to testify. This requires that victim first consult with his or her own attorney which perhaps the court could appoint for him/her.

I recommend you retain your own attorney in order to explore your options.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: domestic abuse/self defense

Talking to the police/DA is a great way to give them new material to use against your husband. Stop it. It is very hard to misquote a silent person. Try silence. It is under-rated.

Re: domestic abuse/self defense

Actually a more difficult answer w/o knowing statements made to officers...especially..what did you say? That said you may want/need an attorney to review the case from your perspective...P.S. welcome to the world of DV cases especially if you are in Riverside County?

Re: domestic abuse/self defense

Stop talking to the DA and have boyfriend work with defense counsel.