Legal Question in Criminal Law in California

if i pressed charges for domestic violence, and dropped them before the court date, do i still need to go to court o nthat givin date, or will he just be released that day?


Asked on 2/14/11, 10:59 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Whether to drop the charges is the D.A.'s decision, not yours. You can ask her to drop them but, unless you have a very good reason, she will probably say no.

If you ignore your subpoena, the judge will issue a bench warrant for you. Deputies will then find you and bring you to court. They will use force if necessary. And they *will* find you, sooner or later. Your S.O. will remain behind bars in the meantime unless he posts bail.

The case against your S.O. is not a joke, and you cannot make it go away on a whim.

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Answered on 2/14/11, 11:09 pm
Terry A. Nelson Nelson & Lawless

Nice try.

Police and prosecutors don't take the time to research, prepare and file charges just to �drop� them because the victim has been pressured or intimidated into recanting out of fear, which is the normal reason this happens. You can say all you like that you changed your mind, and they will subpoena you to the hearings and prosecute the case based upon you original statements. If you change your story and claim you lied, then you'll face charges of perjury and filing a false police report.

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Answered on 2/15/11, 4:25 pm


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