Preliminary hearing for domestic violence

This is a discussion on Preliminary hearing for domestic violence within the Trials & Sentencing forum, part of the Other Criminal Law Matters category; i have a preliminary hearing for domestic violence. my girlfriend has dropped the charges but the D.A has picked them ...

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Old Dec 24th, 2009, 05:47 PM   #1
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Default Preliminary hearing for domestic violence

i have a preliminary hearing for domestic violence. my girlfriend has dropped the charges but the D.A has picked them up she has been subpeona. i served 1 week in jail then bailed out .

would i face more jail?
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Old Dec 25th, 2009, 12:23 AM   #2
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Default Re: Preliminary hearing for domestic violence

In cases of domestic violence, it is the prosecuting attorney who files charges and therefore it is he who has the authority to dismiss them. If your girlfriend is ready to drop charges against you then both of you should meet the prosecuting attorney and should explain to him that the charges against you should be dropped. However, in some jurisdictions laws have been enacted which provide a prosecutor to proceed with a case whether or not the complaining witness cooperates. Further, as regards further jail you may get if the prosecuting attorney does not agree to drop charges and you are held guilty. Further, you have the right to defend yourself and prove that you have not done any acts of domestic violence and charges against you are not correct. By showing this you can save yourself from jail.

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