. I refuse to let an innocent man go to prison over my lies. ... Me and my exboyfriend got into an argument. I threw my keys at him and slapped him. He threw a pill bottle at me so I went after him with a frying pan. In the mix the cops were called. My boyfriend left before the cops arrived, and he took my phone. I was so mad that he took my phone so I told the cops that he hit me. They took pictures. They also took a picture of my busted lip that had happened a week prior from my 3yr old head butting me. So the report was taken ect... No arrest was made, however yesterday I recieved a letter from the city of long beach that the case will be investigated and Due to the nature of domestic violence, a waiver of prosecuting is not an option. He's currently on parole. What do I do?
Family Law Attorney
I would suggest hiring a smart attorney, such as me. Abused women often recant their testimony to protect their spouse or loved one and so since OJ (not orange juice) the prosecuters are reluctant to let them back out or refuse to drop the prosecution.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
In short, you can't. It is out of your hands now and in the hands of the district attorney. This scenario happens all of the time. The fact that the case is being investigated means that whatever statements you made to the police that made it into the report can be scrutinized to determine if there is enough to file charges. Victims recant all of the time and DA typically expects it. However, you should be aware of Code of Civil Procedure Section 1219(b) which states in pertinent part the following: "Notwithstanding any other law, no court may imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt when the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime." In short, the DA will typically not be able to prosecute the case without your testimony. You will be leaned on very hard to do so under the guise that they are trying to help you. It will be very uncomfortable in all likelihood, but you cannot be forced to take the stand and there is nothing they can do to you.
The content contained herein is for general purposes only and in no way constitutes an attorney-client relationship nor is this information to be construed as the only option available under the law. I encouarage everyone to get a second opinion to determine the best course of action based upon their particular situation.
There isn't much you can do. Once someone is accused of domestic violence more often than not the person calling the police does not want to prosecute. As a former DV prosecutor I can tell you that your desire not to prosecute NOW won't help. Especially if he is on Parole. He needs an experienced criminal attorney who can work with you before trial to obtain an acquittal.
Los Angeles Criminal Defense Lawyer