Simple assault & battery

Asked about 1 year ago - Suwanee, GA

My wife lost her temper punched me called the police on herself to tell them what she did and 15 days later Forsyth County came & arrested her and says the judge will see her in 3 days to set a bail bond. I am not pressing charges. This is Forsyth County are they allowed to do this?

Attorney answers (4)

  1. Kevin Aaron Chastine

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . The short answer is yes, they are allowed to do this. They can charge her with a crime and attempt to prosecute her by using her own statements against her, even without your testimony. However, there are some things we can do to ensure that she gets out of jail and that this doesn't follow her around for the rest of her life. She needs a good attorney to walk her through this process and negotiate with the prosecutor on her behalf. Unfortunately, the public defender has a ton of cases at any given time, so she will get the best representation from a private attorney who will work hard on her case.

    Feel free to call us any time at 404-987-0245 to discuss in further detail at no charge. If you're interested in a payment plan, we can work something out, but the important thing is that she has good representation to make sure that this is handled the right way. Best wishes.

  2. John Arnold Steakley

    Contributor Level 18

    7

    Lawyers agree

    Answered . Welcome to the world of domestic violence. Yes, they can do this. As the victim, "pressing charges" isn't your call. The prosecutors have her confession most likely recorded and you no longer have the right to refuse to testify against her, thanks to the "Victim Rights" agenda.

    She needs a lawyer. Domestic violence has serious consequences. It's more than just regular assault and battery.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.... more
  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . They are absolutely allowed to do it. You are a victim, the prosecutor makes charging decisions and can charge the case whether or not you cooperate, whether or not you even want it to happen. That said, you should hire your wife a good attorney who might be able to exploit your desire to not have charges brought against your wife.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  4. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Talk to a local lawyer to see if GA recognizes the doctrine of corpus delecti. It basically means that the defendant's own statements cannot be the only evidence presented. Since you're not cooperating, they may have absolutely nothing else.

    Best,

    Nicholas M. Loncar, Esq.
    t: 323.803.4352 | f: 323.617.3838
    www.iDefendLosAngeles.com
    Nicholas.Loncar@iDefendLosAngeles.com
    Sunset Law Building | 1295 W Sunset Blvd
    Los Angeles, CA | 90027

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