Legal Question in Criminal Law in Washington

I was charged with 4th degree assault but my girlfriend did not press charges? The officer said that the state was pursing the charge, My girlfriend said that she is not pursuing anything and doesnt know why its being pursued. I have court in a couple of weeks, what will happen to me. If she doesnt press charges or shows up?


Asked on 8/03/09, 5:54 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

"Not pressing charges" is something from movies and is not a legal reality. It is always the State/City pursing a criminal case. Your girlfriend is a witness. Whether the State can prove a case against you without her showing up depends on the specifics of the case. For example, what statements you made and whether those are admissible; whether the State can get in her statements in evidence, through the excited utterance exception to the hearsay rule for example, without her being present, etc. You will need to review your case in detail with your defense attorney. Also, she can be subject to sanctions/penalties if she just doesn't show up or refuses to testify when she does show up. So, she should talk to a lawyer too (a different one from your lawyer). Contact me directly if you'd like further assistance.

At your service,

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Answered on 8/10/09, 1:57 pm


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