My son's father is currently on probation he's on his last year finally after 3 years. His probation was from Nevada for identity theft. Recently , we had a dispute which led to him putting his hands on me. He had a couple of drinks.... The neighbors saw and called the cops. He fled before cops arrived. When the cops came I filed a report and didn't really have anything on my body but they still took pictures. I also mentioned we've had other confrontations like this about 5 other times. The detective investigating has been trying to reach out to him. Is there anyway to withdraw the report. Or is he going to face time due to probation violation. I really don't want to press any charges. Just want to leave it as is. And have no further contact.
NO, you cannot withdraw the report. The decision to "press charges" is not your's but belongs to the prosecutor's office--either the District Attorney of your county or perhaps the City Attorney. Once the cops are involved, it's out of your hands. Baby daddy needs to retain an experienced criminal defense attorney sooner than later to help him navigate this process.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
You will be unlikely able to withdraw the report/ statement you gave, if your intent is solely to push to drop the charges and help him. However, if you, for example, lied or said something untruthful in your report, then there is a chance to amend the report to reflect the truth. Also, a District Attorney can file a criminal protective order to avoid any further contact between you and him.
Was he visiting from Nevada and on probation there? Or is he on probation in California, for example out of the County of Los Angeles? Right now he is looking at violation of probation + the possible new domestic violence case.
100% Exclusively DUI & CRIMINAL DEFENSE. Nothing else. Kevin Moghtanei's answers to questions are for general purposes only, and do not establish an attorney-client relationship.
No you can not withdraw the police report you made. The police will decide based on the report given to them whether they will send it to the District Attorney or City Attorney for filing. One of those two agencies will decide whether they want to prosecute him. They can decide that there is not evidence and decline to prosecute. If you did not accurately report what happen or would like to add more facts to your statement you can send a notarized addendum to the agency prosecuting him. Depending on what you say in the statement it may help him or it may harm him. The best thing you can do to help him is to hire a criminal defense attorney to represent him
I agree with my colleagues, as to whether charges are filed or not is now out of your hands and is in the hands of the prosecution. Once a report is made the incident is in the larger CA criminal justice system's bureaucracy. Your sons father needs to hire a criminal defense attorney in LA ASAP and hope that Nevada probation doesn't find out about this.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. We at the Law Offices of Benjamin Theule offer consultations on San Diego cases.
Once the police are called on a Domestic Violence situation, the DA and not you will decide whether charges are to be filed. You can try going to their office and filling out a form that states you do not want to proceed. The problem is they will sic a "Victim's Advocate" on you who will convince you to continue with the prosecution.
I imagine his probation was transferred from Nevada to California and that he has a Probation Officer here. Whether he reports via Kiosk or has in person meetings, he can be violated for not following the "Obey all laws" condition of probation. He is presumed innocent at this point and has the right not to talk to the police who want to "reach out" to him (and bring him to jail with them!).
The good news is that it is a different type crime than the ID theft case for which he is on probation.
You also have the right to an attorney as the "victim" under Marsey's law and that attorney can argue that you don't want to testify. The fact that he wasn't there when the cops got there is good as they will need you to testify whereas if he was arrested at the scene, they can use whatever statements you made to the cops without you being there or to impeach you if you say nothing happened.
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