How can I prevent the state from pressing charges against my boyfriend? 3 Answers as of April 19, 2011

Me and my boyfriend got into an altercation and he went to jail. I feel he had enough punishment. He has been charged with assault 4. How can I stop the state from pressing charges?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Although each circumstance is different, you usually do not have much say in whether the state prosecutes someone. Even if you don't want your boyfriend to be charged, that decision is up to the district or prosecuting attorney. You should attempt to communicate your feelings with the prosecutor or their victim assistance office.
Answer Applies to: Oregon
Replied: 4/19/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
You really can't stop them from pressing charges (except to not call the cops in the first place, I suppose), but you can make it clear to the DA's office that you are not interested in participating with the prosecution. Sometimes that does work. You could also contact your boyfriend's attorney and give a witness statement to his investigator in which you make your feelings known. Again, sometimes this doesn't help and the DA goes forward anyway but often a hostile "victim" in a DV case is an incentive for the DA to offer the defendant a favorable plea bargain.
Answer Applies to: Oregon
Replied: 4/19/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
You can't. It is up to the state whether or not they want to issue charges. They can take your feelings and statements under consideration, but you have no power to stop them from doing this. Your boyfriend should get an experienced criminal defense attorney as soon as possible. I have prosecuted and defended many charges that arose out of incidents between intimate parties, and would be happy to speak with him further. You should also consider obtaining a lawyer for yourself, to represent you as a "victim" in this case, and make sure that the prosecutor understands your position.
Answer Applies to: Oregon
Replied: 4/18/2011
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