My husband and I got into an argument that got out of hand on his part and I ended up going to the magistrate office for a 50B but was told that I couldn't get it there I would only be able to press assault charges. So my husband was arrested for assault on a female (domestic). I never wanted that to happen and we have two children together and I would like to have the charges against him dropped because it makes it where we can't take care of our children together. How can I go about this when we don't go to court till June 29th?
They are going to hold you to whatever it was that you said which caused the arrest. If you now change your story, the chances of you being arrested for filing a false police report are much higher. Get him an attorney. Dropping the case is completely up to the prosecutor. You have, like so many others, just wasted a lot of man power and time. You say you didn't want him arrested, but what you did, and only what you did, is what caused that to happen and what caused criminal charges to be filed against him. Once he has an attorney on his side, he should ask the attorney if the no contact order can be modified to a no violent contact order.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
It depends on what - if any - evidence they have against him other than your testimony. He certainly should have an attorney and it might not be a horrible idea for you to talk to one yourself - a different one than his. I certainly advise you not to try to "fix" the situation by lying to anyone especially the police or a prosecutor, as that can put you in hot water of your own. But talk to an attorney (most in this field offer free consultations) about your specific situation and you may have some options.
Hire an experienced local criminal defense attorney. They will be able to tell you how to get the case dismissed without you getting held in contempt of court. Best of luck!
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
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