Legal Question in Criminal Law in California
Noncooperation Form
Recently my boyfriend was taken into custody for domestic violence. We were both drinking and things got out of hand. I'm fine but the police came and arrested him. I already spoke to the court and said I'm not scared of him and I wish to NOT press charges. His hearging is on Tueaday so he'll be in jail until then. I'm going to the court tomorrow to see if there's anything I can do to help him get out early. Any suggestions?? Any forms I can fill out so I don't have to cooperate and the charges will be dropped?
3 Answers from Attorneys
Re: Noncooperation Form
You aren't allowed to opt out of the prosecution. If the D.A. wants, she will subpoena you and force you to testify. There is no form you can file to prevent this. She may choose not to make you testify, but the decision will be hers and not the court's.
Re: Noncooperation Form
You have no duty to cooperate. There is no form to fill out. That said, you need to contact an attorney to hold a confidential discussion about your options in case you get subpoenaed to testify against your boyfriend, as well as other issues relating to how you can help his case. In addition, your boyfriend needs a lawyer to defend him in court.
The case turns on the police report, specifically on what you or any other witness told the police at the time of arrest.
Jacek W. Lentz, Esq.
213.250.9200
www.lentzlawfirm.com
Re: Noncooperation Form
The D.A.'s office takes domestic violence cases very seriuosly. In fact, in my jurisdiction, these cases are funded Federally, so the prosecutor wants to keeps their stats high to validate continued funding. You should talk to a highly qualifies attorney. My office has handled 100's of these cases and you should speak to us before you do anything that could further harm his case. David Wallin at www.wallinaw.com
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