I just want to know as a victim can I get a citation for assault contact dropped. Me and my husband got into a argument and he just put his hand and my face with force. I called the cops, but he was not arrested. Two days later he had went down to the police station because he thought his gun was missing. So the investigator called me and I had to go to the police station. I filled out an affidavit about what happened when the police was called. He said he would give him a citation for it that it was like a speeding ticket. So now my husband has it and is scared about going to jail and it going on his record. I don't want him to get and trouble just for this. He has never been in trouble before. We also decided to go to counseling and work on this. Is there a way I can have this dropped? I know it will mess up my well being if something was to happened. I need help about getting this resolved please.
Criminal Defense Attorney
I would recommend your husband hiring an attorney. You can attempt to have the charges dropped but the state can proceed without your consent. They can subpeona you to court and force you to testify. Making an affidavit probably didn't help your efforts in getting the case dismissed, but you have an absolute right to make one though. In cases such as these, an attorney with the knowledge on how to deal with these cases is very important.
You cannot force the State to drop the charges. Your husband can take the case to trial, and when called to the stand you can 'plead the fifth' and refuse to testify on that basis. The Judge can hold you in contempt for that, however, and you could go to jail for that. Your husband needs an attorney and you do as well.
If you plan on going and telling the police or prosecutor that you lied, you could face charges yourself.
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Dropping the charges is a decision for the state, not the victim. He should hire an attorney. He would then be able to show what happenned and what he has done since then to address some issues he may have been going through.
Michael L. Doyle