Legal Question in Criminal Law in California

I was charged with domestic violence in Riverside County CA, I was arrested after the incident and posted bail. The victim had some visual marks and went to the hospital. SO did I but I did not give any statement to the deputy. The night of my arrest she gave her original statement to the police then shortly after she went to the police station and gave a taped incident report and took pictures. During that report being taken she said that she was coached by the officer on what to say and was persuaded to say thing she told her. His own words where " I need you to give his statement a cretin way so I can get a convection" With this limited information if she willingly contacts the DA and tells them what happened will the possibly dismiss charges? If not can I go in front of the judge with her willingly telling them that her statement was coached by the officer?


Asked on 11/06/10, 10:01 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

No, the charges will not be dismissed. The DA and court policy is to vigorously prosecute DV, and they disregard victims who recant and tearfully plead to let their beloved go free. Most such recantings are procured by intimidation and threats and fear, and everyone in the system knows that. Yes you can go before the judge. It is called a 'trial'. IF you go to trial, and if she there recants and changes her story, the jury will decide which story to believe. She will be subpoenaed to the trial, with or without her consent. Get yourself an attorney.

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Answered on 11/11/10, 10:35 am
Lawrence Wolf Law Offices of Lawrence Wolf

you have strong arguments, best if an attorney intervenes.

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Answered on 11/11/10, 10:41 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I agree with everything Mr. Nelson said except "Most such recantings are procured by intimidation and threats and fear, and everyone in the system knows that." Neither Mr. Nelson nor the district attorney was there, and while it may be true that many participants in the "system" believe various stereotypes regarding DV, neither you nor your partner are stereotypes. You are individuals. I hope you will find an attorney who will treat you as an individual instead of as a stereotype.

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Answered on 11/11/10, 11:22 am


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