Legal Question in Criminal Law in California
My wife was falsely accused of domestic violence by the police. She was arrested. They are claiming myself as the victim but I have truthfully denied the false allegations. How can I get the charges dropped? Will they continue to file against her?
1 Answer from Attorneys
If the police don't drop their arrest based upon your story, YOU can't get the charges dropped once the police file charges. Then only the DA can dismiss them, and then only if the DA is convinced they were without validity. Please understand that before any charges make it to court, first the police department has internally reviewed the arresting and investigating officers' written reports and concluded there is evidence of a crime and who did it before they forward charges on to the DA office for prosecution. Then the DA intake deputy reviewed the arresting and investigating officers' written reports and also concluded there is evidence of a crime and who did it before they filed the charges with the court. NOW, what credible evidence and facts does she have that were not in their various reports to contradict their conclusions and refute the charges? FYI: Your denial will be viewed with limited if any credibility since it didn't convince police at the scene. If her evidence would be sufficient to 'win' at trial on the charges, she could be able to persuade, convince, the DA to dismiss, or reduce, the charges. Your denial and request to drop is a factor the DA will weigh, but will not be conclusive. That discussion will take place after Arraignment and her Not Guilty plea has been entered, and a PreTrial Conference date has been set for, probably, a couple weeks after the Arraignment. Unless your wife knows how to effectively represent herself in these proceedings and hearings, she should hire an experienced local criminal defense attorney, or if she has no money, then request the Public Defender when she appears in court at her Arraignment.
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