Can a victim defend for a defendant?

Question

My bf n I had a fight n we hit each other in the moving car. Some neighbors called a police n reported. When I was asked, I told them the truth that I started n he overreacted n hit me back. I did not tell too detail, tho. Apparently, the officers found bruise on me, n a bleeding scar. Thus, they took my bf to the jail n he spent a night there coz his parents bailed him out. I did not know what I was doing, but now I regreted what i had told the cops. He went to the court today (and I showed up too to support him), but he chose pleaded not guilty, n he was re-arrested. now, what can I do to help him? I want the case to be closed or dropped. Is there anything I can do? I want to be prepared for the next court.. Please, help..

he chose to plead not guilty because a public defender suggested him to.

How can I tell the judge? I dun think I have a right to talk there, at least today's court..I told the officer who arrested my bf that I didnt want to open a case, n he answered "I noted that."

Im not making this up, this is happening. We all thought he wouldnt get re-arrested because he already bailed out. He showed the jugde the paper from the bail bonds..hhh..i cant believe this..

To answer Kasey C,
Yes, it's a one-time deal. He just overreacted.
He was charged spousal violence or sumthing, not domestic because we dun live together..
I told the officer and also the Bail bond company that Im not gonna press charges, that's why Im now confused why they havent dropped the case yet..Is there anything more I should do?

We havent used a lawyer yet. And yes, I did slap him first, and he hit me back, that's why they took my bf alone.

Seems I have to ask for an attorney to help me with this..
=(

Answer 1

Based on your description I'm guessing he doesn't normally act like that (the way you explain it it sounds like you hit him first actually). If you really want to drop the charges, just talk to the DA's office (here, the district attorney is the only one who can drop or press charges, the judge just oversees things). However, this depends on what he is being charged with, sometimes it doesn't matter if you want to press charges or not, the charges will still be filed. However, if his striking you caused you to start bleeding I'd suggest you not drop the charges. If he is a minor or it is his first offense the penal sanctions are likely light, but still it is a serious violation. You might want to discuss with your parents or someone close to you about if you really want to try and get the charges dismissed because often in cases of domestic violence the battered person gets feelings of guilt for the other person being arrested and charged and they drop the charges only to have another incident happen again. Think long and hard about what you really want to do.

UPDATE: ok, since it is a spousal violence charge, you need to find the wording of it. The problem may be that the law says you don't get a say in the prosecution of the case in order to avoid battered women syndrome. However, I still strongly recomend you call the District Attorneys office (they are prosecuting the case) and request a meeting with them over the possibility of dropping the charges. If they refuse, get a hold of your boyfriend and his attorney. Durring pre-trial motions his attorney might be able to get a dismissal based on the fact you don't want him prosecuted. Contact the DA before you do this however, because Dismissal Motions are rarely granted by the judge.

Answer 2

This is kinda tricky, and I'll have to explain both ways.

* Are you absolutely SURE it's a one-time deal? Has this EVER happened before? I sincerely hope you're NOT suffering from battered woman syndrome (have to say it) and you really *do* know what you're doing.

* What exactly was he charged with? Battery or domestic violence? Usually when the victim refuse to press charges the prosecutor will drop the case. But they'll do their best to convince you to press charges... it's for the good of everybody, so to speak.

* What is the lawyer's strategy / position? Claim it was self-defense? Did you hit him first? Because if you did and he tried to push you away and accidentally bruised you, that's self-defense. If you slapped him and he held your wrist and bruised you there, that's technically self-defense. If you slapped him and he slapped you or punched you right back and bruised you that way, that's assault on both sides, and usually the man goes to jail.

* Personally, I would suggest you call the prosecutor and schedule a meeting with them and the defender, and tell them that you rather NOT press charges, but BF did overreact, so if the prosecutor could do a plea deal... BF will go to counseling (maybe with you, maybe just anger management by himself), and prosecutor will drop all charges upon completion of the course with satisfactory rating. The prosecutor should accept this deal, and so should the defender.

IMHO, of course. I'm not even involved in the law field. :)

Answer 3

You are typical of people who are battered. Though I am not saying you are.

That is why the government has taken the prosecution of batterers out of the hands of victims. They prosecute them and don't need the victim.

I am not sure a victim recanting on the stand, and even perhaps committing perjury, is helpful! Juries and judges see through that as they see them every single day, 365 days a year!

Men have no business hitting a woman!

Answer 4

Your story does not make any sense. Your boyfriend was bonded out, and spent the night in jail. He pleaded not guilty, and was rearrested.

If you don't wish to prosecute, just tell the Judge at the next court date.

Answer 5

In Illinois, as long as there is a visible mark, the person can be charged with domestic violence. Also, in Illinois to get out of the cycle of abuse; your testimony is not needed for a trial to be held.

A criminal trial is not the same as a civil one; the paperwork says on it The People of the State of ______ vs. Whatever your boyfriend's name is.

You can in fact testify on your boyfriend's behalf, but he did strike you and that's all that's needed for a conviction.

Hope this helps.

Answer 6

A public defender or criminal expert who takes situations whilst the standard public defender has a conflict would be appointed. no person has been so odious that an appointed information could no longer be got here across.

Answer 7

let your boyfriend stand up for himself. enter a counseling program thru a women's center and discover what "victim" means. you both have serious issues and really need to grow up and accept responsibility for your actions.

Answer 8

Any man that strikes a woman, is not a man period! Find a new boyfriend!