How to drop charges regarding a domestic violence charge?
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How to drop charges regarding a domestic violence charge?
My sister’s ex-boyfriend and her got into an argument. He ended up stabbing her in the leg but she’s okay it was a small wound. It was with scissors. He was arrested of course but he already has an assault with a deadly weapon charge on his record from somewhere between 6 to 8 years ago. He admitted after being Mirandized this time that he committed the stabbing. She wrote out a witness statement but now she wants to get the charges dropped, however she doesn’t know if she can or where to even begin. Her ex-boyfriend had been out of jail from the previous charge for somewhere around 4 to 5 years with no other charges in between that time. Now they’re worried that since he’s already had those previous charges for an assault with a deadly weapon and they’re trying to charge him with assault with a deadly weapon that they’re going to hit him with an after former and give him a long time. I’m just trying to help her by looking for advice on where to get
started to try to drop the charges or what she would need to do to lessen the charges just anything.
Asked on October 1, 2019 under Criminal Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
First of all, whether or not to drop a case rests with the prosecutor and not with the alleged victim. Therefore, a case be prosecuted over a victim's objection. While the state's case would be stronger with their they cooperation, if there is other strong evidence to support the charge, the case can still go forward. Possibly, an experienced criminal defense attorney may be able to use the fact that your sister does not want to cooperate to obtain a favorable result for her boyfriend. However, given his criminal record, he will probably have to face the charges.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
First of all, whether or not to drop a case rests with the prosecutor and not with the alleged victim. Therefore, a case be prosecuted over a victim's objection. While the state's case would be stronger with their they cooperation, if there is other strong evidence to support the charge, the case can still go forward. Possibly, an experienced criminal defense attorney may be able to use the fact that your sister does not want to cooperate to obtain a favorable result for her boyfriend. However, given his criminal record, he will probably have to face the charges.
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