Simple battery case where both parties do not want to testify against each other if both plead the fifth will judge dismiss?

Asked almost 3 years ago - Atlanta, GA

one of the parties is pregnant it is a domedtic partnership there was no one harmed or no witnesses but there is a motion to change the no contact order so they will be able to contact each other about their unborn child my question is it possible for the judge to reduce the order or change it if possible?

Attorney answers (2)

  1. Michael Jason Rhoades

    Contributor Level 16

    Answered . At a motion hearing like the one you are describing, it is highly unlikely that the judge will dismiss the case. The case may eventually be dropped, but not at a bond motion hearing.

  2. Joshua G. Schiffer

    Pro

    Contributor Level 12

    Answered . This is a tough situation, as different judges handle the same situation very differently. You need someone who works extensively in the court you are appearing in. There are several issues at play including the availability of an expungement after the case has been disposed of. The issue is not even how to get the case dismissed, it the long term effects of an arrest on your record. You are playing with some serious fire with the 5th amendment game and it can burn you forever if you do not do it right. You may also have other defenses such as privilege, self defense, etc. Also , they can aggravate your charge due to the alleged status of the victim. You need a lawyer.

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