My boyfriend and I were on our way home from a nearby bar in a taxi cab. The taxi cab driver got extremely lost on his way to my house which is approx 2 miles from the bar. After driving in literal circles the driver attempted to drop us off six blocks away from my house. I didn't recognize the surroundings and so requested to be dropped off at home. My boyfriend asked me to get out and walk with him but I demanded to get a ride. My boyfriend said "I'll kill you if you don't get out of the car" (in the way a native English speaker would use the phrase when frustrated) I still refused and my bf left the scene. The driver called the police despite my pleas for him not to. My boyfriend was arressted under DV: assault and harassment. I never felt scared or in fear of harm. We were intoxicatddl
If this happened over the weekend, your boyfriend will most likely have his first appearance today. The Judge will look at to see if an affidavit of probable cause has been filed and whether it contains the elements of the offense(s) he has been charged with.
The charges may or may not have been filed yet. If they have not, the prosecutor will have 72 hours to file the charges. If the charges are not filed within that time, your boyfriend will be released (if still in jail). Even if charges are not filed right away, If these are gross misdemeamors, the prosecutor has up to 2 years to file the charges.
The decision on whether to file charges or dismiss the case will largely depend on what the taxi driver says happened and what your boyfriend's prior criminal history consists of. If he has prior domesetic violence or assault related arrests and/or convictions, the prosecutor will be more likely to pursue charges.
You may want to consider retaining your own attorney, to assist you in understanding your rights and obligations in this process. Your own attorney can also act as an advocate with the prosecutor and the court, to make sure that your preferences are clearly presented. Many people who are classified as "victims" by law enforcement and prosecutors are told that an advocate will be appointed to represent their wishes. However, you have no choice as to who will advocate for you, and normally these persons are not lawyers, and the confidentiality of their communications with you is absolutely not guaranteed. They cannot advise you officially about your obligations in the process, and they may also disagree with your wishes, and not present your opinion in the way you would like it to be presented. While it sounds expensive to hire a separate attorney for this situation, it's often a very important and helpful decision. The attorney who represents your husband cannot formally advocate for you or represent your interests, as this would almost always be a conflict of interest.
Please note that by answering this question, I am not establishing an attorney/client relationship. It is always advisable to meet with an attorney directly to obtain advice and determine the best course of action.
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