My college boyfriend was arrested for battery and strangulation. I gave a statement to police but told them I did not want to press charges. I do not think he deserves to have a felony on his record. How can I help the defense to get at least some of the charges dropped?
You can cooperate with his defense attorney and/or help him find and retain a private attorney. The damage may already be done. Once the police are called (generally because you are being strangled and are scared to death), it is entirely out of your hands. The prosecution will proceed with or without your permission. They believe they need to protect you--perhaps even from your own poor judgment in boyfriends. College is awfully young to be in an abusive relationship. What did you do to deserve this level of violence?
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
I agree with the other attorney. You should cooperate with his defense counsel. However, you do not get to decide whether to press charges or not, that is a television show choice, not an Indiana law choice. The prosecutor will ultimately decide whether to press charges. You should speak with an attorney on this now to prepare for the worst. Best case scenario is that the prosecutor does not file and you don't need an attorney. It is always better to prepare, especially in Marion County, the prosecutor's office is very likely to pursue the charges if they believe they have a case.
First of all, you should hire your own attorney to advocate for you. You can push to have only a misdemeanor if you can articulate way and your boyfriend helps mitigate his case, such as get counseling. Remember, anything you say is an admission.
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