Legal Question in Criminal Law in California
How do I drop a assault and battery charge on my husband I tried calling the prosecutor and left voicemails but since its a holiday I can't reach them my husband will go to a hearing on the 5th. And I left a voicemail on the prosecutor's phone and told the truth what really happened the police came because the music was to loud and they came to talk to me and I was drunk now I am working on going to AA meetings for this. When they came to talk to me I lied and said that my husband hit me but he really didn't I do not have any marks on me but they still took pictures of my face and took a little metal pipe that was in the garage for evidence what should I do? He should not be in jail what is most likely going to happen at the hearing I will talk to the prosecutor and tell them what happened
3 Answers from Attorneys
Even if you want the DA to drop the charges, they do not have to do so. You did the right thing in calling the DA. You might also call your husband's attorney.
Good luck.
You've told them your wishes; that's all you can do for now. It is out of your hands to some extent. Good luck!
You won't be successful in doing so.
When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of �mistake� or �misunderstanding� about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.
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