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In Domestic Violence Cases, often times the couple is extremely passionate and heated. This means that sometimes one of the parties can fabricate or exaggerate what happened, either due to the heat of the moment or perhaps the desire to get back at their partner. Officers write down these statements and these statements are then given to the prosecutors office where the prosecutor decides to move forward or not. Unfortunately, I have worked on cases where the spouse/partner goes to the prosecutor and explains that she was exaggerating and wants the charges dropped. Usually this does not make a difference; once the prosecutor decides to move forward with the charges, the victims change of heart will usually not cause the prosecutor to "drop the charges". Thus, you should get a good attorney who is familiar with domestic violence. In the event that the prosecutor is unwilling to negotiate, your attorney can take the case to trial. At trial, your attorney will be able to ask the witness questions and, through the questions, (hopefully) demonstrate to the jury why the witnesses testimony is not credible. If you have any additional questions, I give free consultations. I hope for a favorable outcome in your case. www.patriciamallebornlaw.com
By answering this question, I am not entering into an attorney client relationship. This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. These answers are based on California Law. Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established by participating in this process. If a party is interested in retaining me, I would be happy to meet with them at my office. www.patriciamallebornlaw.comAsk a similar question