I was the only one who told the cops about him restricting my breathing while i was in a head lock. I never said whether it was his intention to cut off my breathing. I know thats not what he was doing, he was restraining me, which is horribly wrong but not to the extent of needing a felony for something he never intended to do. What can I do to help dismiss this? I would talk to him about this but theres a no contact order on us.
A victim of a prosecutor or police can turn to the defense attorney for some help. Sometimes in such cases I will get a recorded statement if it largely destroys the statement the government has; though not always. Each cases is different. Any witness has legal rights, including the right to assert the Fifth Amendment privilege if their testimony could be used to prosecute the "witness." Sometimes proposed witnesses will retain a lawyer to protect their interests against the abuse coming from the prosecution. More at link below.
First, you can ask that no contact be lifted at or even before the first court appearance. Second, the state needs you to make their case. If your breathing was not restricted, you need to let the prosecutor know. This is usually done through a statement obtained by the defense attorney and submitted to the prosecution. If your breathing was not restricted, a per-trial motion can be filed and a hearing held asking the court to dismiss the strangulation charge for lack of probable cause. You would testify at this hearing in support of dismissal. Regardless, of the strategy employed, it is important that your friend obtain qualified counsel to assist him through this ordeal. I wish you the best.
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