even if he tells the court that he didnt mean for me to get arrested and wasnt pressing any charges?
2007-03-08 18:03:55 · 12 answers · asked by flirtz1984 1 in Politics & Government ➔ Law Enforcement & Police
His opinion about the charges make no difference in court. In most states, domestic violence laws dictate that charges are pressed whenever there is violence, regardless of the victim's wishes. This is to protect the victim from retaliation by an angry spouse for pressing charges. Yes, you should always have legal representation when criminal charges have been filed against you. Don't take a domestic violence charge lightly. The court doesn't.
2007-03-08 18:15:03 · answer #1 · answered by dh1977 7 · 2⤊ 0⤋
Because of the day and age of "Family Violence", it does not matter if the victim wants to press charges or not. The state automatically takes over this case.
If the two of you have already talked to the judge to have your conditional bond lifted from your arrest, then I suggest speaking with the district attorney. Your husband can tell the DA that he does not want to press charges. The DA will decide if the case goes any further, or if it will be null processed.
If the case does go to court, you do need to atleast try to get a public defender or an attorney.
2007-03-09 04:10:56 · answer #2 · answered by bluelights 3 · 1⤊ 0⤋
It won't matter if your husband wants to drop the charges, the officers have pressed the charges and they won't drop them. If this is your first domestic violence offence, you will probably have to go to domestic violence class and probation. If not your first offence or you have other things on your record, you might be looking at some jail time. A lawyer might help alot.
I know a little about domestics, I got 1 during my divorce. But I learned from it and the ex got 3 before it was over - lol.
2007-03-09 02:14:00 · answer #3 · answered by Vernon 3 · 1⤊ 0⤋
Well there is the law now that no one needs to press charges, if the police see evidence of battery even a slap they have to arrest the person who did it, so it doesnt matter if he dont want to press charges or not-if you need a lawyer they will give you one free if you cant afford your own , which i am sure you know tht already.-good luck
2007-03-09 02:11:54 · answer #4 · answered by roxy 3 · 1⤊ 0⤋
Here in Canada for domestic violence cases the police lay charges on behalf the of the victim, even if they don't want them. That is done automatically. The crown attorney (prosecutor) will prosecute the charges even if the victim is not completely onside. You need a lawyer and some anger management counseling.
2007-03-09 03:19:42 · answer #5 · answered by joeanonymous 6 · 1⤊ 0⤋
Yes you need a lawyer if you are in court. If there were no charges being pressed why are you going to court?
Get a lawyer..what if he changes his mind about the charges???
2007-03-09 02:07:56 · answer #6 · answered by Sunshine Queen 4 · 1⤊ 1⤋
Yes, you need a lawyer since the state will press charges as a protection for the others imperilled by your vicious
and senseless actions.
2007-03-09 02:09:17 · answer #7 · answered by Anonymous · 1⤊ 0⤋
If he isn't pressing charges the case should be dismissed. But these days, when dealing with our legal system, especially for a criminal charge - go with a lawyer.
If some prosecutor decides he would like another conviction on his record, if some judge is having a really bad day - you could find yourself in trouble, even on what should be a dismissed charge.
2007-03-09 02:07:33 · answer #8 · answered by Uncle John 6 · 0⤊ 2⤋
Don't know your state.
In mine, the State prosecutes and they don't drop charges in DV cases whether you testify, or even want them dropped! If the police are called and it is a DV situation someone is leaving in handcuffs! The police will testify!
I would get a lawyer,to protect your own interest!
2007-03-09 02:19:28 · answer #9 · answered by cantcu 7 · 1⤊ 0⤋
Yes you do. If you have a court date, you need a lawyer, period. It's for your own good.
2007-03-09 02:06:40 · answer #10 · answered by Anonymous · 1⤊ 0⤋