What is going to happen regarding his punishment? Is there something I would need to do when I have a court date as well?
Katy, TX | on Feb 16
I had married someone outside of the US. We were fine up until after he signed the I-751. After him signing that paper, he had drastically changed completely, and this is making me think that he used me just to come to the USA. In addition, after the signing, he threatens me, tells me he'll kill me and angry and everything. One night he told me that, he would kill me because he already has his greencard(meaning he has signed the paper which means he is going to get it). I called the cops, he has been in jail and now he is out. he has a hearing date. and idk what is going to be next. I am now thinking to drop charges because he will be a changed man (his attorney said that he will take marriage counseling and anger management classes and all)? So, can I drop charges on this or no?
All you can do is to file an affidavit of non-prosecution with the prosecutor. Whether charges are dropped is entirely at the discretion of the government. You may be forced to testify even if you don't want to.
Once the police are involved, you lose control over how the matter can proceed. Once you called the police and made an incident report, law enforcement made an investigation and determined that enough evidence existed that a crime had been committed. An arrest was made and the case was turned over to the District Attorney's office. It is the DA who filed the charges, not you. You cannot "drop charges", you can only make known to the prosecutor handling your husband's case of your desire not to testify or proceed in furtherance in the prosecution of this case. This can be done by filing an affidavit of non-prosecution, but the filing of such affidavit will not automatically make the case disappear. It is prosecutor who will make the decision on whether to dismiss the case or continue with prosecution.
I join my fellow two contributors Messers Wooldridge and St. Julian. You cannot drop charges - that is the province of the State - you can file an affidavit of non-prosecution - but the final decision belongs with the DA's office.
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