Topic: Criminal Law
Q: My boyfriend and I were in a fight. I just lost a baby and found out he was cheating. I attacked him. He did not put his hands on me just detained me but I told police he did. He is on parole and is now in jail with a detainer.
A: These situations are complicated. Having charges dropped once they are filed is difficult but not impossible. You cannot just ask the police. The case will have to proceed to a preliminary hearing at which time you will be spoken to by the police, the DA and a victim/witness counselor. You will have the opportunity to speak with the victim/witness counselor and talk about this relationship and what you want to see happen. If there is no domestic violence history here, it may be possible for a withdrawal or a withdrawal after a continuance and domestic violence counseling. There is too much unknown her to advise with any certainty.
CRIMINAL LAW, DOMESTIC VIOLENCE, SIMPLE ASSAULT, PROBATION VIOLATION, DETAINER