Legal Question in Criminal Law in California

me and my husband had a situation and i called 911,he got arrested on domestic voilence charges,i do not want him to be prosecuted, the DA has filed case against him ,he has a pretrial date setup ,can i call the DA office and request them to drop charges,will they or can they subpoena me over the phone,i just want them to know my stand without harming my husbands case .can i fill "do not prosecute form in the DA's office.if i go can they subpoena me please advice asap as the pretrial date is very near. i am aware that dropping charges is DA descretion ,i just want them to be aware

of my position


Asked on 2/24/10, 12:01 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Even though you may no longer want him prosecuted, the DA is not going to drop the charges. The best way to have a positive outcome for your husband is to help him get the best legal representation possible, if he is not already represented.

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Answered on 3/01/10, 12:19 am
Edward Hoffman Law Offices of Edward A. Hoffman

The D.A. will listen to you and just might drop the charges, but that's not very likely. And if you start contradicting your prior statements, you could get yourself into lots of trouble without making life any easier for your husband.

Mr. Stone is right. The best way to proceed is by getting your husband a good lawyer.

Finally, the D.A. cannot subpoena you over the phone. But he can -- and will -- do it by other means.

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Answered on 3/01/10, 12:31 am
Terry A. Nelson Nelson & Lawless

What you want no longer matters. Police policy is to arrest on any DV call. DA policy is to prosecute all DV charges, whether the victim recants or not. Too many abusers threaten the victim into recanting. You can talk to the DA, but it is their decision, not yours.

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Answered on 3/01/10, 10:56 am


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