Can I get a domestic violence conviction overturned? With the help of the one who filed without admitting she lied?

Asked almost 2 years ago - Los Angeles, CA

I have gotten convicted for domestic violence based on lies. My girlfriend admits it was all lies but family driven. She is trying to help me clear everything up, like the fines, classes, worst I have a past criminal History (no Violence) that in months would have been able to try for sealing for work reasons. Is there a way to do so with out her getting into legal trouble?

Attorney answers (4)

  1. Harry Edward Hudson Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I do not think one can give a specific answer to u=your question. Whether or not to arrest some one and whether or not to file charges are matters of discretion vested in the cops and DA. So, best answer is that it is possible she may or may not be arrested and may or may not be prosecuted.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  2. Vincent Barney Garcia

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Well the DV decision is final and the courts will not overturn a decision based on the victims recanting as there are hundreds of cases where the victim recants. So I think it is doubtful. See an attorney for a consult and bring GF along.

    This answer is not intended to give you any legal advice as the information provided by you is insufficient to... more
  3. Sharen Heshy Ghatan

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Unfortunately, prosecutors hear these "recanting" girlfriend/wife stories on such a regular basis that it seems they have become immune to them.
    In addition, your girlfriend runs the risk of being prosecuted for perjury; a serious offense. Is she aware of that? It's unlikely and uncommon but it could happen.
    Consult with an attorney to get more details on alternative options.

    Attorney Ghatan has been licensed to practice since 2001. She practices criminal defense and personal injury in... more
  4. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need a personal consultation. What you're trying to do this very complex.


    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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