What can I do to drop charges against my boyfriend that I did not file?

Asked over 2 years ago - Flowery Branch, GA

In May, my boyfriend and I got into an argument at his apartment complex. He picked me up and sat me on the couch which gave red marks on my arms. We had already made up after that, but someone made a noise complaint. The police said they had to make an arrest since it was considered domestic violence. We have been together two years. He is not a violent person and I do not feel threatened by him. He bonded out of jail, but had a no contact order against me. We continued to see each other anyway and had absolutely no problems. We got pulled over a few weeks ago, and they charged him with aggravated stalking. I am 8 weeks pregnant with his child. We had a perfect life, he had a great job, but now jail has ruined that. How do I convince the judge jail isn't the best thing right now?

Attorney answers (3)

  1. Joshua G. Schiffer

    Pro

    Contributor Level 12

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    Answered . Unfortunately the decision to charge or not charge rests with the locally elected prosecutor and their designees. While crimes have victims, the ultimate victim is the "peace and dignity of the State of Georgia" and the prosecutors are out to protect that. You also cannot blame the cops for doing their duty. If they had "left" the incident without an arrest and something unfortunate happened, their careers would be over.
    Your BF needs a good lawyer with local experience and needs them sooner rather than later. A detailed discussion with the prosecutor can mean worlds of change in your BF's circumstances. Many prosecutors do not like prosecuting otherwise happy lovers, as the family discord can create additional problems for the community. But there is an over-riding public interest in ensuring the safety of all parties and the aforementioned "peace and dignity of the State of Georgia."
    My advice is to find someone local, that your family and fiends have used before. Also, interview more than one attorney and skip anyone who uses high pressure sales tactics.
    This case is not the end of the world, but a good investment now in a solid and experienced lawyer will be some of the best money you ever spent.
    Good Luck!

    Hey Look, A Disclaimer. And it is kind of witty. Kind of. To wit: Information Provided SHOULD NOT be relied... more
  2. Daniel Ellis Rice

    Contributor Level 18

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    Answered . First, I advise that you get your bf a lawyer, if he doesn't already have one, and if you truely are sincere about helping him, rather than simply wanting this matter "to go away" and not wanting to deal with possible real issues of concern re: your relationship with him.

    If there is a hearing or future trial, and you have an opportunity to testify, you may try convincing the prosecutor to allow you to testify, or maybe try testifying as a witness for your bf. Also, you may try getting the prosecuting agency to drop the charge(s).

    Good luck.

  3. Derek Michael Smith

    Contributor Level 16

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    Answered . First thing, stop having contact with him. Second thing, get him an attorney. Just to be clear, the no contact order prohibits HIM from having contact with YOU not vice versa. You can have all the contact you want, it just will put him jail for a long, long time. So that ends until the NCO is lifted. Lastly, there is not a whole lot you can do to get the charges lifted. The State controls how the prosecution will be handled, not you. At this point, if you want to help him I would advise you to contact his defense attorney (or get him one ASAP) and listen to her/his advice about what to do. While telling the court you are eight weeks pregnant with his child may sound to you like a good reason to lift the order, the State and the Court will see that this man flagrantly violated a specific court order to have contact with you. Get the advice of an attorney as soon as possible.

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