Legal Question in Criminal Law in Louisiana

Okay, lets start. I need advice on how to approach this situation tomorrow when I go to meet with the prosecuting attorney. Me and my boyfriends family got into a dispute Friday Jan. 14, 2011 at 3:27. Me and my boyfriend had gotten into a dispute and I had decided that it was best we not be together at this moment in time. I told him I would be taking my dog back to the city I was living in with me. The dog prior to this had been staying with his parents for 5 months. 5 months prior me and him were evicted from out apartment and agreed that our puppy should stay with his parents until we find another place of our own since we were having to move cities in with my dad who's landlord didn't allow pets. They told us that was fine they would take good care of him until we decided to come retrieve him. Initially I was the one that got the dog, and brought him home. Legally I am the rightful owner. Whenever his mother and him refused to let me take the dog, I called the police. During the phone call on the phone with the police he tried to forcefully shove me out of the house without asking me to leave prior. Note that during this time it was highly emotional, both me and his mom were crying. The cops came and I pressed charges against him for laying his hands on me. Before he had even made it to the police office to get booked I called to drop charges. When I called was at 3:57 and the woman that does the booking told me that was fine if I wanted to drop charges, that the state marshall would be giving me a call. He did not physically hurt me and I made a horrible decision to push charges because I was emotionally impaired and made a decision I would not make had I been in a rational mindset. I waited for the Marshal to call me, and he never did. So and hour later at 5:07 I called back to make sure the charges were dropped and to talk to the Marshal. When I called this time the Marshal told me charges could not be dropped because he had already been booked and in the system. That I would have to go to city court this Monday (which was close) to fill out a drop form. I called today Jan. 18 2011 and they told me I had to talk to the prosecuting attorney. I called the prosecuting attorney and he set up a meeting tomorrow at 3, but told me that ultimately I could not make the decision to drop the charge.

My question is, when is the time frame that you are supposed to drop the charge? Before booking? I called BEFORE they booked him or had even got there, and yet they went through with the charge. I had phone logs to the phone number addressed with time stamps showing I called before booking to drop charges. Also, if you openly admit that the charges you pushed were unjustified and were only put forth because you weren't in a stable mindset when you made that decision from being emotionally impaired, will this stand up if he chooses to persue not dropping the case that I initially started by stating I wanted to press charges??

I live in Louisiana, and I know each state has their own criminal laws, and assault is a criminal charge.

When I do go to the prosecuting attorney, how should I state this in a legal way that will best benefit the situation I am in? I know charges can't simply be dropped because you want them too, but I honestly feel like this is not a decision I would have made had there not been an emotional escelation involved. Even when I initially called the cops I was so maniac and crying that I was hard to understand.

Any help would be highly appreciated. We are both young and just starting our lives together, 22 and 23, and I don't want something to go on his record that will ultimately effect any career or job he chooses in the future.

Also, he was not read his rights when put into the police car or booked. I'm sure he signed a paper stating them, but is it required to have your rights read to you as well??


Asked on 1/18/11, 12:34 pm

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

The paper he signed more than likely advised him of his rights. Once charges are pressed or the police called, it is really out of the complaintant's hands. Having said that, normally a prosecutor will not proceed if the "victim" doesn't wish to. The prosecutor, marshall, etc, are attempting to make sure that you are not in a domestic violence situation. There is an ethical duty to make sure you are safe and that their actions cause no harm. You should advise the prosecutor that you are moving on with your life, that the charges were pressed when you were highly emotional because of the dispute over your pet. The problem which the prosecutor will face if he chooses to proceed is that you were on their property and refusing to leave and could have been charged with trespassing or remaining after being forbidden and that he can not force you to testify. If you don't show up, he can ask that a bench warrant issue for your arrest for failing to answer the subpoena. If you do testify, he can not control what you testify to. You very well may testify that you provoked the defendant or struck him first.

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Answered on 1/24/11, 10:06 am


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