Can he still do time if I want to drop the charges? 3 Answers as of June 10, 2017

I called the cops on boyfriend who is undocumented and I told the police officer that he held me down with his foot on my face. He wouldn't let me up for 3 seconds. I just have a scratch on my arm. Now, I want to drop the charges because he was wanting to leave that’s all. I was holding him back. This is his first time with this issue. What can happen to him? He also has DUI and violated probation.

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
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. He needs a good lawyer.
Answer Applies to: California
Replied: 6/10/2017
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You would be best if you can afford it to consult and possibly an experienced criminal law specialist to represent you. The fact that you may want the charges dropped and the thing to go away doesn't mean it will be that easy. It is the police and the DA who recommend prosecution not the victims. Your attorney could work with your boyfriend's both of whom would know how to approach the DA on your behalf.
Answer Applies to: California
Replied: 6/10/2017
Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
Yes, he can still do time.
Answer Applies to: California
Replied: 6/10/2017
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