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I am a witness in a simple assault case, unbeknownst to me the prosecutor wants to treat the case as a domestic violence case.

North, VA |

The prosecutor asked me what I would like to happen. Which I was still thinking it was a simple assault case that I wanted charges dropped. The paper work even says its simple assault. I want the charges dropped, and the prosecutor acted like what I said meant nothing. The prosecutor made it clear that dropping the case was not on the agenda. I am not happy with that, what can I do to not nail the nails into the coffin for the defendant? Keeping in mind, that a guilty conviction will result in a job loss for the defendant and quite possibly cause a downwards spiral of other bad things like loss of house, etc.

Attorney Answers 3


Speak to his lawyer. See if he can convey your wishes to the court.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Technically the matter is out of your hands and there is nothing you can do. It is, as I have often pointed out here, easy to bring the police into a situation. It can be very difficult, and perhaps impossible, to get them to leave. This can be a serious problem, especially in domestic cases where the enforcement authorities have a strong agenda of their own to which they may be committed. In their defense, the authorities are legitimately and properly worried about the safety of people who complain of domestic violence, repeatedly refuse to prosecute, and eventually wind up seriously injured or dead. But they are often unwilling to recognize that all domestic cases are not alike.

My colleague's suggestion that you talk to the defendant's attorney is a good one.

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Would talking with the prosecutor help or hurt any chances of getting this case dismissed?

Joshua Sachs

Joshua Sachs


I am reluctant to answer that with respect to a case, and a prosecutor, that I know nothing about. You might want to consult a local attorney who is familiar with the courtroom, the judge and the prosecutor.


Whatever you do, you cannot lie. That would make it worse, for you. 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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