If my boyfriend was arrested for DV but it was at fault so filed an affidavit of non-prosecution with the state’s attorney, is there anything else that I can do?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my boyfriend was arrested for DV but it was at fault so filed an affidavit of non-prosecution with the state’s attorney, is there anything else that I can do?

My boyfriend was arrested but it was actually my drunken rampage that caused it.

Asked on February 15, 2017 under Criminal Law, Vermont

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Whether or not to drop charges is a decision that is made by the prosecutor, not the (alleged) victim. Accordingly, a DV case may go forward and be prosecuted over the victim's objection. That is true, so long as there is other evidence to support the charge. As a general rule, prosecutors are not willing to drop such cases since they do not want offenders to beleive that they can intimidate their victims into not cooperating with the authorities.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption