Home > Research Legal Advice > Violent Crime > Spouse was arrested for DV/death threats although he didn't do either. D...
Asked 9 months ago - Tacoma, WA
FlagHe didn't harm me, the officers seen that when they came here but wrote up a totally bogus report. I've made the public defender and the prostituting attorney what happened. . . but of course I know they have to investigate I was just curious what are the chances of the state dropping the case with no evidence? Or can they just charge without proof? - Silly questions maybe but I don't understand and I don't want to bug his defender as he's busy guy and I dont want to be accused of attempting to contact my spouse with a No contact in order
There must have been some statement made or some type of evidence of a threat in order for the charges to have been filed. If the only evidence is your testimony, then you are a material witness in the case and you will be subpoenaed in the event the case is headed to trial. If you are subpoenaed and you do not appear then the prosecutor can ask for a material witness warrant. If that happens, you would most likely have to remain in jail until you have testified. The decision whether to dismiss the case or proceed is up to the prosecutor. If you have not done so already, you may want to let the prosecutor know you want the charges dismissed.
Your husband's pd does not have to talk to you. You can write him or her a letter stating that you want the no contact order amended to no harmful contact. As a former prosecutor, I can tell you that 90% of domestic violence cases inevitably has a recanting spouse. You cannot force the State to drop the charges, but if you call your victim advocate and demand to see the prosecutor's supervisor, you may increase the chances. If you are under subpoena, you must show up. You should consult your own lawyer about the consequences of invoking your right not to incriminate yourself at your husband's trial. Good Luck.
Listen -- let's be honest -- something gave the police officers probable cause to believe crimes had been committed victimizing you. You may have changed your mind about the outcome now, but prosecutors are used to dealing with what we call "recanting witnesses." Let the prosecutor know you do not want the case to carry on. While that will not decide the issue, let him/her know of your reluctance and desire to see it end short of a conviction. That may help. Otherwise, you will be obligated to testify if you receive a subpoena and you will need to tell the truth -- whatever it is.
Good luck.
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