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Stephen

Drop a domestic violence charge as a victim

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Hi there. I'm from California. About one week ago, I reported domestic violence to the police and they took away my girlfriend/roommate. Now she is billed out and will go to the court in late July. I want to "drop" the charge but I know now the prosecutor is the state/police, not me. I can't to be dropped. So I want to do whatever I can to maximize that probability.

 

1. Photo of the defendant holding a knife

When the police arrived and asked about what happened, I mentioned that one year ago my girlfriend threatened me once with a knife that she would kill both of us if I didn't agree to something. The police asked for any proofs and I showed them a picture of her holding a knife. They then used my phone to send that photo to their email address. Is that photo a really strong evidence for a domestic violence charge?  Is the face that "it happened 1 year ago" more likely to be interpreted as a long-term abuse or an insufficient evidence because it's been a long time and I was just threatened and not actually injured?

 

2. Should I tell the attorney about the photo?

If I don't go to the court, the police won't have a personal certificate, and the photo may be their only proof besides my previous words. According to the police station, the defendant will be assigned an attorney when they go to the court. If it's possible, should I try to contact the attorney and tell him the existence of the photo to help him prepare a response?

 

3. Should I recant? Should I go to the court?

I've read some articles on recanting statements. Some say that recanting or changing stories is not suggested because I may me considered as cheating to the police. But other articles say that the judge will take the victim's feedback into consideration. And this leads to the question about whether I should go to the court. For example, if the attorney says that the photo was taken too long ago and things have changed since then, do I need to be at the court and support that statement?

 

Any help would be appreciated. Also thanks for any extra advices on what else I can do to help drop the charge.

 

 

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It's usually women that want to recant and forgive their abusers. They often wind up dead.

 

Stop being stupid. This is a violent woman that has no business being in your life. Don't interfere with the prosecution. Keep your mouth shut until you go to testify and then tell what happened.

 

Meantime, don't have anything to do with her.

 

 

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You reported the incident to the police.  They arrested her.  If the case goes to trial you will probably receive a subpoena ordering you to appear and testify.

 

 If you recant you can be arrested for filing a false report to the police.  If you do not appear for the hearing you can be arrested for contempt of the subpoena, which is a court order.  Neither the police nor the judges are happy about lovers using their powers because of angry outbreaks.  

 

Yes you should tell the girl's boyfriend about the photo.

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12 hours ago, Stephen said:

Is that photo a really strong evidence for a domestic violence charge?

 

The strength of any given piece of evidence is for a jury to decide.

 

 

12 hours ago, Stephen said:

Is the face that "it happened 1 year ago" more likely to be interpreted as a long-term abuse or an insufficient evidence because it's been a long time and I was just threatened and not actually injured?

 

Not really sure what you're asking, but evidence of a crime committed in June 2018 is likely not relevant to an alleged crime committed in June 2019.

 

 

12 hours ago, Stephen said:

If I don't go to the court, the police won't have a personal certificate, and the photo may be their only proof besides my previous words.

 

First of all, if you're subpoenaed and don't show up to testify, you'll be arrested and hauled into court.  Second, I have no idea what you mean by "a personal certificate."

 

 

12 hours ago, Stephen said:

If it's possible, should I try to contact the attorney and tell him the existence of the photo to help him prepare a response?

 

You're free to contact your psycho girlfriend's attorney and tell him or her whatever you want.

 

 

12 hours ago, Stephen said:

Should I recant?

 

No.  Think about it.  What happens the next time this whack job tries to kill you?  You call the police and they show up and just dismiss you because you lied this time.  Then you get killed.

 

 

12 hours ago, Stephen said:

Should I go to the court?

 

If you are subpoenaed to testify, yes.

 

 

12 hours ago, Stephen said:

Any help would be appreciated.

 

Dump the psycho bitch and move on with your life.

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