Is there any chance we can get the charges dropped by writing a non-prosecution affidavit without hiring an attorney? 17 Answers as of April 17, 2013

My wife got arrested for domestic violence because the police heard us fighting and arrested her for aggravated battery. My neck was bleeding because she accidentally hit me with the car keys so the police determined the key was a deadly weapon.

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Law Offices of Eric J. Bell | Eric J. Bell
Don't be a fool - hire a lawyer and protect your rights.
Answer Applies to: Illinois
Replied: 4/17/2013
Universal Law Group, Inc. | Francis John Cowhig
Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A.
Answer Applies to: California
Replied: 4/15/2013
Gates' Law, PLLC | Thomas E. Gates
Not likely, they have photos of your injury.
Answer Applies to: Washington
Replied: 4/15/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You would have to discuss this with the county prosecutor handling the case. It is not your decision to drop charges, as it is a criminal case, and he alone has the authority to dispose of the case as he wants, short of a trial. If you can convince him, he may do it, but usually the prosecutors do not do this, especially if you were injured in the attack.
Answer Applies to: Illinois
Replied: 4/15/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
No. You need to retain defense counsel and even then I doubt that the charges will be dropped. Domestic violence is taken very seriously these days by police and prosecutors.
Answer Applies to: New York
Replied: 4/15/2013
    William L. Welch, III Attorney | William L. Welch, III
    Ultimately the prosecution has exclusive discretion whether to proceed with the case. It is extremely unlikely that they would drop charges, based solely on affidavits. They will want to speak in person. Even then, they have exclusive discretion whether to prosecute. An attorney can assist you with evaluating 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 plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland
    Replied: 4/15/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    No- in fact in additional information that your provide the prosecution could aid them in their case against your wife. You need to retain an attorney, if you cannot afford one, your wife may be eligible for court appointed counsel, the attorney will be able to present mitigating and legal defenses without the threat of it being used against you.
    Answer Applies to: Colorado
    Replied: 4/15/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well you are going to have to talk with the prosecutor about the case since that is the person that is in charge. That person may agree to it.
    Answer Applies to: Michigan
    Replied: 4/15/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    In your dreams. Prosecutors aren't stupid. They realize that in 90% of all DV cases the parties reconcile and/or the victim has a change of heart. Therefore they will NEVER in a million light years dismiss a DV charge simply because a victim writes some silly "after the fact" affidavit. Your wife needs a good lawyer pal.
    Answer Applies to: California
    Replied: 4/14/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    No it is the State's case now.
    Answer Applies to: Virginia
    Replied: 4/14/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    In Utah, you can refuse to testify against her. Just call the prosecutor and say that you are going to assert your "spousal privilege" to refuse to testify against your wife.
    Answer Applies to: Utah
    Replied: 4/14/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No. The proscutor has a no drop policy on these cases.
    Answer Applies to: Nevada
    Replied: 4/14/2013
    Toivonen Law Office | John Toivonen
    Your wife could talk to the prosecutor. Generally prosecutors do not go forward with a case when the victim does not want to testify. But filing and pressing charges is the choice of the prosecutor. Hire a local attorney to help you with this matter.
    Answer Applies to: Michigan
    Replied: 4/14/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    She is likely to need an attorney due to the nature of the charge.
    Answer Applies to: Nebraska
    Replied: 4/14/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    I think your best chance is to hire an attorney. The prosecutor decides whether to drop the charges and just because the victim changes his or her mind or does not want the case to go forward will result in a dismissal of the charges. Any letter written to the prosecutor can be problematic in the future if the case goes to trial. If you cannot afford an attorney, the Court will appoint one to represent you when the defendant is required to appear before the Court.
    Answer Applies to: Nevada
    Replied: 4/14/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    You can ask to file an "affidavit of non-prosecution" with the office of the prosecuting attorney but it is in their discretion on what to do with it or whether or not to give it any weight. One assault charges are brought, they can proceed on the report alone with or without your testimony.
    Answer Applies to: Missouri
    Replied: 4/14/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    She needs the attorney, who will then need your cooperation. That is a VERY serious charge and will have HUGH ramifications on her future.
    Answer Applies to: Michigan
    Replied: 4/14/2013
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