i was arrested and charged with a felony domestic violence but my boyfriend is not filing can i still be sentenced to jail?

It's not up to the victim at all. It's up to the D.A. and he has three years to file on a felony case. I take it he continued the case to see if you are staying out of trouble, and if you do, then the charges will never be filed. They cannot send you to jail without filing charges and giving you a chance to defend yourself. Once you are sure the charges are dropped permanently, you may want to seek a factual innocence finding, which will clear your arrest record.

For further info on this topic, you can read articles on my website here:

http://lawyer-domestic-violence.com/domestic_violence.htm

http://lawyer-domestic-violence.com/results.htm

http://lawyer-expungement.com/petition.htm

http://lawyer-expungement.com/results.htm

Good luck.

It sounds like you were released without charges being filed. That can be for one of two reasons - either the DA is never going to file or the case was referred back to the police for further investigation. If it was sent back to the police, the DA could have asked for additional information before making a final decision. They have up to three years to file charges.

Once filed, the DA can do what it likes without regard to your boyfriend's intentions.

Edward J. Blum