How can I drop a domestic violence charge against me? 5 Answers as of July 19, 2011

My wife at the time was the one to called the police but she wouldnt testify so they let me out of jail (which I spent a year in) and I was on felony probation and I left the state. Its been over 5 years since i left. I would like to be able to visit.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The fact that you went to jail and that you were placed on probation tells me you were found guilty even without your wifes testimony. If you left the state when you were on probation then you violated your probation. Any contact with the police will get you thrown in jail. The best thing for you to do is hire an attorney to represent you in court and find out what you need to do to make it right.
Answer Applies to: California
Replied: 7/19/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
There are some things missing here. Were you convicted? You say you are on felony probation but do not say whether you are on felony probation for the domestic violence. If you did plead guilty and were placed on felony probation, did you fulfill the terms of probation? Again, the indication is that you "left the state" which says to me that you absconded on probation. If you did not continue to report to your probation officer there may be a warrant out for you. Call the court in which your case was handled and ask the clerk whether a warrant was filed on you. Then you need to hire an attorney or contact the Public Defender who handled your case to see if you can arrange for the warrant to be recalled. After the warrant is recalled your lawyer will need to negotiate what will happen next. If you've stayed out of trouble all this time, there's a possibility that the court will reinstate probation with perhaps a minimum of jail time. But beware: If you absconded from probation, there's always the possibility that you could go to prison. This is why you need to have a lawyer with you rather than just walk in yourself.
Answer Applies to: California
Replied: 7/19/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
YOU cant. Neither can she, probably. The DA vigorously prosecutes DV charges, regardless of the victims teary pleading to drop it. If what you mean is that you fled the state and there is a warrant for your arrest because of the DV charges, or for the Probation Violation: To handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new Failure to Appear charge, negotiate bail or OR, and renegotiate any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. If this is a felony, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/19/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You cannot have the charges dropped until you retain a lawyer to have the warrant recalled. After the warrant is recalled hopefully we can have you released upon your own recognizance to save bail bond fees. Then we would need a declaration from the alleged victim that she did not want to prosecute and then your lawyer would work with the DA to try to have the charges dropped.
Answer Applies to: California
Replied: 7/19/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
There is no rule requiring you to remain in the state while on probation unless your P.O. tells you that you must. If you made all the appointments he gave you (usually they are so overworked that they only see you once or twice) you are o.k. However, before you do anything hire a lawyer (or see if the Public Defender will do it) to check the court files to see what is in there. It might even have been wiped out. But how did you get on probation if she wouldn't testify? There is a US Supreme Court case that says that they cannot proceed UNLESS the witness is willing to testify. Of course, a simpler alternative would be to meet her in Nevada, unless there are other reasons for coming back to California. Good luck.
Answer Applies to: California
Replied: 7/18/2011
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