QUESTION

My husband was charged with aggrivated assault on me, how can I drop the charges?

Asked on Nov 06th, 2013 on Criminal Law - Michigan
More details to this question:
I was upset and beefed up what happened in my statement. I wrote another statement explaining what happened and that it was more a argument and me not letting him leave. The only way he put his hands on me was to move me and get me off his truck. I'm the only witness. They got an unwitnessed statement that the so called witness just handed to his neighbor to give to police. How can I fix this?
Report Abuse

10 ANSWERS

A lot depends of which county you are in, and therefore who happens to be your ADA. But, unfortunately, the ADA could threaten to charge you with "Giving False Information to Police" if you try to change your official statement. In some counties, they will accept your story and dismiss the charges or at least reduce the charges. It may seem unfair, but this attitude was adopted originally to protect women from predatory men who would threaten women to change their story. By making it difficult for a woman to change her story, then it offers more protection to a woman against being threatened to change her story. Unfortunately, this attitude has back-fired on more of my male clients than it has protected the woman involved. Probably 90 percent of the time, the woman will tell me she was mad and exaggerated her story to police. I wish I could tell you there was a definitive way for you to fix the situation, but unfortunately you will probably have to go through your husband's attorney and let him or her handle the situation. By law you don't have to testify, but also under the law, if you refuse to testify they can have the police officer who took your statement to testify. This is where the particular ADA comes in - some will not bother with the case if you won't cooperate and some will push the situation. I don't know if you have a private attorney or a public defender, but you should let them approach the DA's office - the ADA will only try to intimidate you.
Answered on Nov 07th, 2013 at 9:42 PM

Report Abuse
Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
Update Your Profile
This is a very common thing people do.Get upset call the cop and then things are pretty much out of your control. You cannot withdraw a prosecution. You can change your statement but will not be considered credible. Jury will be instructed about such common occurrences in domestic violence cases. I suggest that you talk to an attorney in confidential settings to discuss your options.
Answered on Nov 07th, 2013 at 9:41 PM

Report Abuse
John J. Carney
Retain a good lawyer to handle the case and get justice for your husband who you falsely accused with perjury (or you are now lying to help him, both are possible so tell your lawyer the truth). You should not have lied or made a "statement" telling the police or prosecutor that you lied as that is a serious crime and you could go to jail. You are not sophisticated or you would not have done anything without talking to a lawyer, and not his lawyer as he will try to get you to change your story to help your husband even if it gets you arrested potentially. Tell the lawyer the truth so he can advise you and stop trying to manipulate the criminal justice system with perjury.
Answered on Nov 07th, 2013 at 9:41 PM

Report Abuse
Civil Litigation Attorney serving Boston, MA
1 Award
I'm sorry for your troubles. One thing you should understand (and may already) is that the case is no longer yours to drop. You are not a party to the case, as you would be in a civil matter (a lawsuit, for example) and the decision on whether to proceed with the charges is entirely the District Attorney's. However, as the victim of the crime, you do have influence on what happens. If you haven't already, you should inform your victim witness advocate that you do not wish to proceed and put the reasons in writing for their file. They may want you to sign an affidavit (a sworn statement) stating the reasons for your decision. This is a fairly common scenario id domestic violence cases, but the DA is going to be skeptical of your reasons, will want to make sure you're doing it for the right reasons (meaning you're not being intimidated by your husband), will likely apply pressure on you to change your mind and will want to cover themselves from any future issues. Even if you do that, there is no guarantee the case will go away if there is other evidence the Commonwealth can offer (I'm not sure what you mean by "unwitnessed statement"), particularly if there is a history of violence in the relationship (by definition, the fact that it is an "aggravated" A&B suggests that you either suffered serious bodily injury, there was a restraining order in place or you're pregnant, so the DA may fight hard to maintain the charges. I wish you good luck.
Answered on Nov 06th, 2013 at 11:50 PM

Report Abuse
Doesn't work like that my dear. 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. He needs a good lawyer.
Answered on Nov 06th, 2013 at 11:50 PM

Report Abuse
Michael J. Breczinski
You have to talk to the prosecutor since that person is the only one that can dismiss the charges.
Answered on Nov 06th, 2013 at 11:50 PM

Report Abuse
Personal Injury Attorney serving Las Vegas, NV at James E. Smith, LTD
Update Your Profile
Prosecutors usually have a no drop policy.
Answered on Nov 06th, 2013 at 11:49 PM

Report Abuse
Criminal Law Attorney serving Boulder, CO
3 Awards
I have helped victims in cases like this. DA's and cops are reluctant to believe the 2nd statement because of the domestic violence cycle, so talking with them often does not help. They will try to develop evidence that hurts your guy and makes you look like you are trying to cover up for his bad behavior. Consider contacting your guy's attorney and giving the statement to him/her. His attorney will likely know the best way to handle the situation. If he does not have an attorney, he should get a public defender or hire an experienced criminal defense attorney.
Answered on Nov 06th, 2013 at 11:49 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Difficult, speak with his attorney to see how you might assist in mitigating the damages or getting the charges dropped. You have an issue with the "beefed up" statement as it is a crime to file a false statement. Now it is up to the police and prosecutor and they normally do not have a good sense of humor.
Answered on Nov 06th, 2013 at 11:49 PM

Report Abuse
Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
Update Your Profile
You can contact the prosecutor and explain the situation to him and state that you prefer the case be dismissed. However, keep in mind that is it is up to the prosecutor and the prosecutor alone on whether or not to pursue charges. While they do not like to, they can and will proceed with an uncooperative or reluctant witness. You can always ask them to drop the case and they can either agree or say no. Perhaps they would even be willing to reduce the charge to a civil infraction such as disturbing the peace. Your husband needs to be represented by an experienced criminal defense attorney from the area. Also, be aware that the prosecutor could threaten to charge you with filing a false police report if your story changes too much. They will sometimes do that as a means of making an uncooperative witness cooperative.
Answered on Nov 06th, 2013 at 4:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters