It was his first offense and he has already been to court. She was out of town at the time. There was no evidence but he plead guilty to touching her because he was defending himself.
2007-12-29 15:51:17 · 17 answers · asked by Larry L 1 in Politics & Government ➔ Law & Ethics
I don't think she has any say in wether the charges are dropped. The State officials take that into consideration. After the incidence, the husband will try to make the wife feel guily or threaten her, and she will want to drop the charges,. When my estranged husband attacked me, I tried to drop the charges but it was him vs the state of maryland, it was out of my hands.
2007-12-29 15:56:10 · answer #1 · answered by Boo Radley 4 · 0⤊ 0⤋
You have several problems. One is that domestic violence will continue to occur until either you leave or your boyfriend gets help and, in many cases, the boyfriend never gets help and you are a fool to think that you can solve the problem. If he's done it in the past, then his problem is very significant. Some regular guys sometimes lose their tempers once and do something that they truly regret, but true domestic violence occurs in a cycle where the man erupts and strikes and then there is begging for forgiveness and a honeymoon period and then tension start again and then violence occurs again and so forth. As such, you ought to drop the guy. Here is another problem. You've told the cops your story. If you change it now, then you either lied to the cops, which is a misdeamenor, or you are potentially going to lie on the witness stand, which is a felony. If you truly did lie to the cops at first and your boyfriend did nothing, you probably ought to take the fifth on the stand anyway. But don't take the fifth (you know, you get to not answer questions that may incriminate you) unless your answers would incriminate you. For instance, if you lied to the cops, telling the truth on the stand (that you lied) would open you up to criminal liability, so you ought to take the fifth. Generally, however, if the District Attorney knows that you are not going to be cooperative and this is his first time in the system and there are no bruises, the District Attorney may just drop the charges. On the other hand, the DA has ways of making you talk if they want to take it to the limit. That means you can be subpoenaed and then the question is whether you want to submit yourself to criminal liability or tell the truth. You say there are no visible bruises in photos. You didn't say if you showed the cops some bruises. If there were some, that might be a problem, but if all the DA has is you as a witness, the DA has a major problem if you don't cooperate. However, if the DA wants you to cooperate, they can do things to make you. But in large counties, the DA probably wouldn't waste his time. That being said, you have a risk to consider. If there has been violence in the past or there were bruises the cops or other witnesses saw, the DA can bring in experts to talk about battered women's syndrome and how battered women often recant their stories. As such, the DA can still make the case without you if the evidence is right. But frankly, if I were you, I'd get out of that relationship fast.
2016-05-27 23:09:49 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Domestic cases are sometimes made difficult... what really happened? Self defense? Touched her in self defense? Why? What is the real story? Did he reach out and touch her with a left hook to a kidney followed by a right cross to the her left jaw? or did he simply try to grab her hands as she was physically attacking him? Did either party have any physical evidence of injury? There was no evidence? Yet, for some reason, he pleaded guilty to TOUCHING HER IN SELF DEFENCE and no explanation?
OK, here's how I see it based on the information you have given; which isn't much.
In some states the police will automatically arrest the male in domestic complaint calls, and in others, the victim must bring charges: you didn't say which.
But, you did say he pleaded guilty to the charges, and since there is no charge for "self-defense," he pleaded guilty to abuse, probably.
The case is over and, if recorded, it's too late to approach the prosecutor regarding anything.
Besides, most prosecutors aren't willing to admit they made a mistake or didn't properly evaluate the evidence with respect to probable cause. Oh, you said no evidence: so where was the probable cause required by law, if she brought charges? These type cases are serious; did he have an attorney? If not, why not? Would an attorney advise a client to plead guilty in a case with no evidence? Why?
Something tells me you aren't telling us everything--why?
I think something is starting to rot. Can you smell it? This scenario is starting to stink, and I don't like the smell. I need some fresh air: so I'll say good by, and wish you a Happy New Year.
2007-12-29 16:54:24 · answer #3 · answered by Bwana 3 · 0⤊ 0⤋
A court always has the option of not accepting a guilty plea, if in the courts judgment there is just cause for doing so.
If the court has not entered a minute order in this case, there might still be a chance but only if the plea has not been accepted and the final judgment entered. As far as the victim dropping the charges, in most jurisdictions once a determination of prosecution has been filed, only the court having jurisdiction can dismiss the charge, and then usually on motion by the prosecution.
2007-12-29 15:59:24 · answer #4 · answered by Jeffrey V 4 · 0⤊ 0⤋
We have no idea about this case. I agree. Don't assume anything. Don't even assume that he's guilty. People get biased and think that all men are evil wife beaters when women have just as much trouble with domestic violence as men as is found in surveys. They simply are not prosecuted as often. I've experienced husband-beating myself in the past. Mood swings and such can do that if people keep blaming it on men and women don't ever face the consequences.
Anyway, more on topic: Once charges are filed it's completely the prosecutor's case and they case can continue even with the victim testifying in defense of the defendant. Convictions are harder to get in those situations though. The lesson here is that you should never plead guilty to something if you don't think you're guilty.
2007-12-29 16:13:00 · answer #5 · answered by Colt & Tegan 4 · 0⤊ 0⤋
If he has already plead guilty to the charge, but hasn't been sentenced. Probably not. The wife might try to make a statement at the sentencing, ask the Judge for a lesser punishment.
2007-12-29 15:59:02 · answer #6 · answered by eric_1026 1 · 0⤊ 0⤋
yes my friend it is very possible, believe it or not this a situation that most male in the Baltimore area have a possibility of encountering . Now here comes the hit depending on the state in which u reside and the # prior
DV violations the state may have the opportunity to pick up the
case and in case /if-so fact-so charges will be filed and your "friend" will be prosecuted to the fullest existent of the law. GOOD LUCK &stay cool
2007-12-29 16:02:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Too late to drop the charges since this has already gone to court and he has plead guilty. He now has this on his record.
2007-12-29 15:54:56 · answer #8 · answered by Sparkles 7 · 1⤊ 0⤋
Once he plead guilty, there are no more charges to drop. The case is over.
2007-12-29 15:53:24 · answer #9 · answered by Citicop 7 · 0⤊ 0⤋
If he already pled guilty he's screwed. In most states, if you are arrested for anything violent, the charges can't be dropped, the state takes over.
2007-12-29 15:54:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋