He is being charged with domestic violence and threatening calls, can I remove any of those charges and also i don't want to go up and on the stand for his primialry hearing. What can I do?
Criminal Defense Attorney
Unfortunately, once you have reported the charges, the matter is out of your hands. You have put it in the hand of the prosecution, and from this point on, they are the only ones who can add or drop charges.
You can contact them if you wish...but do not be surprised if they do not listen to you. They will assume that whatever you are saying is under pressure from your boyfriend.
Probably the best thing you can do at this point is to contact your boyfriend's defense attorney and relate your situation.
I wold only add to the previous response that you need only appear at the preliminary hearing if you have actually been personally served with a Subpoena. This is a Court Order to appear and failure to do so can result in some seriously negative repercussions.
A good lesson for the future: you invite the cops into your intimate life and you have lost control of it. Only the prosecutor can drop charges. You will have to go to Court but in a DV case you can't be forced to testify. Consult a domestic violence lawyer.
There is a new law in Caifornia. C.C.P. 1219(b). They can call you to the stand. The judge can order you to testify, but if you don't, then all he can is fine you. No jail time for you and probably for him. Get yourself a lawyer for the preliminary hearing to help you.
This crime is a crime against the state not a person. Therefore the DA will not drop the case because you want them to. However, DAs cannot go forward on a case like this if the alleged victim does not testify when called to the stand.
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