Legal Question in Criminal Law in California

My bf is in jail for domestic violence charges against me. I specifically told the police officer to not file a charge or to not put a no contact order but they did it anyway. How can i fight this and get him out of jail.

Asked on 4/27/13, 2:58 pm

5 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

You really can't as it's not really up to you whether the State of California wishes to pursue criminal charges against your boyfriend. However, you can tell the DA (if he or she asks) that you will not testify against him and with no complaining witness, the DA has a much weaker case which would help any lawyer your boyfriend has get a better diversion deal or plea deal.

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Answered on 4/27/13, 3:09 pm

Kelvin Green The Law Office of Kelvin Green

Once the police were called, you have no say in this. They arrested him meaning they had probable cause tat a crime was committed. You won't fight this. He needs an attorney..To get out of jail he needs to make bail. If DA decdes to prosecute you won't have any control over that.

Your boyfriend needs help if he creates situations that place you in harm's way. It was obviously bad enough for you to call the polce. Maybe this will be the wake up call he needs...don't enable him if he an abuser

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Answered on 4/27/13, 3:14 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

The decision whether to charge a person or to dismiss charges is up to the DA. You may call the DA and ask them to dismiss the case but the decision is up to them. They cannot compel you to testify. In some instances they have to dismiss the case if you do not testify. In other situations they can go forward with a trial even if you don't testify.

The decision of whether or not to have a restraining order is up to the judge. Sadly, judges do not always listen to the victim in deciding whether or not to sign a restraining order but you can go to his next court appearance and ask to speak to the judge, telling him or her, that you do not want a restraining order and that you are not afraid of your boyfriend. Some judges will require that you speak to a victim's advocate before you speak to the judge. So you will be best off if you call the DA's office and ask to speak to a victim's advocate first.

Good luck.

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Answered on 4/27/13, 4:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You don't get to decide whether and how the D.A. pursues your boyfriend. Neither does the arresting officer. That's the D.A.'s call. She will care what you want her to do and will hear you out if you want to talk with her, but she won't just defer to you. You might persuade her to drop the charges, but you shouldn't count on it.

Many domestic violence victims decide later that they don't want their abuser prosecuted. It happens all the time, and prosecutors are used to it. In fact, it happens so often that, if D.A.s obeyed the victims' wishes, most cases would end up being dropped. The D.A. is there to make sure criminals are held accountable, even if the victim decides that's not what she wants.

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Answered on 4/27/13, 4:36 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I disagree with Mr. Shapiro's statement that the D.A. can't force you to testify. The D.A. does have that authority. She can even force one spouse to testify against the other in a domestic-violence case, even though spouses can refuse to do so in other types of cases.

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Answered on 4/27/13, 5:55 pm

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