Can I get charged with a CDV on the 2nd a day after the police were called to our house and didn’t incarcerate either one of us? 7 Answers as of May 21, 2013My ex called the cops to get me to leave the house because she said I spit on her. The police threatened to take her to jail and in the end asked me to leave with the accuser’s brother, came back to get my stuff and my car was messed up. She then threatened me and flipped out. I left the next day. She goes and puts a CDV charge on me. Can she do that and if so, why wouldn’t they let her drop the charge after she calmed down?
William L. Welch, III Attorney | William L. Welch, III
Anyone might be charged with a crime, regardless of whether he has in fact broken the law. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
Answer Applies to: Maryland
Barton Barton & Plotkin | Maurice Ross
Yes you can get charged, it is irrelevant that you were not immediately incarcerated. It is up to the court and district attorney to sort out the facts and make a determination. Further, once a charge is made, the person who makes the charge cannot decide to drop it-only the court can make that decision (with advice of the district attorney). Domestic violence is taken very seriously these days and, therefore, you cannot expect that the police will ignore incidences like this-they are under pressure to control domestic violence and to "get tough" on people who engage in these kinds of violent acts. Accordingly, your best bet in this situation is to retain criminal defense counsel to defend you against these charges. You may also, if appropriate, file charges against your "ex" for either domestic violence, damage to property (your car) and filing false charges against you. But first, you have to retain a lawyer. There is no substitute or alternative other than to retain a lawyer because otherwise this situation could escalate further.
Answer Applies to: New York