how can a domestic violence can be drop. because i want to drop my wife case… and i filled out already a form that i want to drop the case
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how can a domestic violence can be drop. because i want to drop my wife case… and i filled out already a form that i want to drop the case
Asked on June 27, 2009 under Criminal Law, California
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Although i do not practice law in the State of California, the general rule, as you may have learned, is that the decision whether or not to prosecute a case (i.e. whether or not to drop charges) rests with the prosecuting authority and not with the alleged victim. What that means, from a practical perspective, is that a case may be prosecuted over the objection of the alleged victim. That being said, a skilled criminal defense attorney may be able to use the fact that an alleged victim does not want to cooperate with the prosecution as leverage to obtain a favorable result for the defendant (i.e. to potentially have the charges dismissed or otherwise resolved favorably). Therefore, I suggest that your wife consult with and/or retain a criminal defense attorney to discuss the merits of the state's case as well as any and all strategies available to her to successfully defend her charges and obtain the most favorable result possible.
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