Asked on Apr 02nd, 2014 on Criminal Law - California
More details to this question:
I am in a same sex relationship with my girlfriend. We got in an altercation that involved physical markings on my face, which led to her arrest. At the time, I called the police not intending for her to go to jail but to leave the home. The police made the arrest and charged her with simple battery. Even though I did not press charges, they made a report based on my story. Can I revise my statement because I was not clear to the questions that were asked and I left some important details out, such as I refused to let her leave the premises and also acted as the aggressor?
You can contact the investigating officer and tell him you wish to amend or make some additions to your statement. Just be careful because if it contradicts your previous story you could be charged with lying to the police or filing a false police report.
I would suggest that you see an attorney before you start making additional statements to the police. Generally, once a domestic violence action is commenced it is no longer in the hands of the complainant and of the state or locality determines whether or not to continue the prosecution. If you come in and state that you are the aggressor and may well be that your girlfriend's charges will be dropped as charges are brought against you.
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. She needs a good lawyer.
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