UPDATED: Oct 2, 2022
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My girlfriend and I got into an argument and she slapped me on the face and I had to call the police and they charged her with Simple assault NJ. I would like to know what her options are since I am not pressings charges. I saw it can be minimum of 30 days in jail if that’s correct how can we avoid that since me and her are working out our relationship. I want to make sure she doesn’t go to jail.
Asked on October 18, 2019 under Criminal Law, New Jersey
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
In a criminal case--and DV is criminal--the "state" (i.e. the government, through the prosecutor) not the victim is the party which brings or controls the case. So the victim cannot force the prosecutor to dismiss or drop the case, and the prosecutor could choose to proceed against the victim's wishes.
That said, very often, the prosecutor will drop or dismiss the case if the victim asks him too, since 1) it can be difficult or impossible to win the case with a non-cooperative victim; and 2) prosecutors are overworked as it is--if the victim doesn't want to bring the case, the prosecutor is usually happy to let it go and move on to another case. So the thing to do is to contact the prosecutor's office and explain that you would like the case dismissed.
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.