Drop the case

Asked over 1 year ago - Las Vegas, NV

My husband was arrested for Battery Domestic violence 1st degree. He did not have a court yet. I want to drop the case. Or at lease I want him to get the least charges that possible. What can I do? I made a mistake. And we have a kid that needs his dad. Thank you

Attorney answers (3)

  1. Ryan Alexander

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . 1. Once you call the police for a domestic violence incident, it is out of your hands whether or not your husband is charged and prosecuted by the city or county. The police make their report and it is the prosecutor - not you - who decides whether the case continues.

    2. If that is your sincere desire not to testify against him, then let the prosecutor on your case know that.

    3. You may be served a subpoena anyway to appear and it is up to you whether you follow its orders. You could get a bench warrant issued against you, although in practice in Las Vegas this is not very common.

    4. If I am reading your post correctly, he does not have an arraignment date set yet, he may get notice of his court hearing by a summons mailed to your last known address.

    5. I offer a free consultation if you just need a few minutes of guidance.

  2. Patrick Owen Earl

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . This happens all the time. You are the alleged victim here and your rendition of the facts is usually EVERYTHING that the state has to connect the pieces together. Did you sign a written statement as to what happened either filled out by yourself or one that was written by the offider and you sign it? If so then you will need to do plan A. If you didn't sign anything, just said what happened then you can do plan B. What these plans are in INFORMATION that every alleged victim needs to be told and understood. You need to consult with an attorney. If you were in WA state I would have to come see me but you are in Nevada so practically you will need to consult with an attorney there. It can be done over the phone or internet (skype) for example so if you would like to have a conversation with me that would be fine but I would suggest you speak with something there. This wouldn't be a normal 1st consultation because you are not charged with a crime and I wouldn't be able to attend court with you so would just charge you an hourly fee and I will explain what you should and shouldn't do.

  3. Howard Robert Roitman

    Pro

    Contributor Level 16

    Answered . No-Drop Policies Defined
    A no-drop prosecution policy may be defined both as a statement declaring that the state will not drop a domestic violence case due to victim nonparticipation and as a practice and protocol for enforcing that statement.
    As a statement of intent to continue prosecution in spite of the vic- tim's wishes, a no-drop policy clarifies the nature of the relationship between the prosecutor and the victim.2" First, the policy underscores the fact that once charges are filed, the state, and not the victim, be- comes the party.2 9 Likewise, the policy emphasizes, somewhat redun- dantly, that the prosecutor controls the direction of the prosecution; the victim cannot, for instance, decide to drop a case.30 On another level, the policy represents official acknowledgment of the fear and ambivalence victims often feel when asked to testify against their bat- terers.

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