Domestic violence assult by strangulation

[Seand8519]

Ok so my girlfriend and i were into an argument, she took off that night. The next day she comes to the house and grabs clothes and stuff for her and the baby. The following day i get a phone call from the police det for a domestic violence case. She went to the cops and told them i choked her. Now i gave my statement to the cops and they said it was going over to the prosecutor to see if they want to make a case. Today i get a call saying prosecutor picked up the case and that a warrant will be issued, i went to the police station turned myself in and got a personal bond. My girlfriend isnt going thru with the charges bc she knows she was lying, but since the prosecutor picked up the case can they charge me without her being in court? She said she is not going to court for anything and told the police she wants to drop all charges.

 

[Eekamouse]

Ok so my girlfriend and i were into an argument, she took off that night. The next day she comes to the house and grabs clothes and stuff for her and the baby. The following day i get a phone call from the police det for a domestic violence case. She went to the cops and told them i choked her. Now i gave my statement to the cops and they said it was going over to the prosecutor to see if they want to make a case. Today i get a call saying prosecutor picked up the case and that a warrant will be issued, i went to the police station turned myself in and got a personal bond. My girlfriend isnt going thru with the charges bc she knows she was lying, but since the prosecutor picked up the case can they charge me without her being in court? She said she is not going to court for anything and told the police she wants to drop all charges.

Too bad it's not up to her anymore. Once the prosecutor picked up the case it's out of her hands. The state is pressing charges, not her.

 

[Proserpina]

Ok so my girlfriend and i were into an argument, she took off that night. The next day she comes to the house and grabs clothes and stuff for her and the baby. The following day i get a phone call from the police det for a domestic violence case. She went to the cops and told them i choked her. Now i gave my statement to the cops and they said it was going over to the prosecutor to see if they want to make a case. Today i get a call saying prosecutor picked up the case and that a warrant will be issued, i went to the police station turned myself in and got a personal bond. My girlfriend isnt going thru with the charges bc she knows she was lying, but since the prosecutor picked up the case can they charge me without her being in court? She said she is not going to court for anything and told the police she wants to drop all charges.

The courts see this day in, day out. The victim recants - often out of sheer terror of what might happen - and begs for the charges to be dropped.

Thankfully, the courts also know better. They practically expect the victim to recant, and that's why victim testimony isn't even needed in some cases.

 

[Seand8519]

Even without a witness? So you mean to tell me that anybody can make a police report and if the prosecutor picks up a case that they will be charged with that case!!!!

 

[Seand8519]

This is terrifying to me, ive never been in trouble in my life. Why would the prosecutor pick up the case? How do i automatically get charged with this kind of offense?

 

[Proserpina]

Even without a witness? So you mean to tell me that anybody can make a police report and if the prosecutor picks up a case that they will be charged with that case!!!!

Police come out to the scene.
They take one, both or neither into custody (in some states an arrest is mandatory)
They toss it over to the DA who then decides whether or not there's enough to proceed.

So no, that's not what was said.

Did I miss where you told us your state?

 

[Eekamouse]

This is terrifying to me, ive never been in trouble in my life. Why would the prosecutor pick up the case? How do i automatically get charged with this kind of offense?

Was there any physical contact between you and your girlfriend at all during the argument? Have you and she ever had physical fights in the past?

The prosecutor picked up the case based on what he was told by your girlfriend and by the police who took the report from her.

 

[CdwJava]

Even without a witness? So you mean to tell me that anybody can make a police report and if the prosecutor picks up a case that they will be charged with that case!!!!

The victim will be subpoenaed to court. If she fails to attend court, she can be arrested and prosecuted. if she lies on the stand, she can be charged with a crime.

The dodge that you and she have cooked up in order to protect you is something the courts see all the time, and many prosecutors expect. They can simply drop charges until they can locate her and then re-institute charges later. Further, child services could get involved if she gets back together with her accused abuser and thereby puts her child at risk.

This doesn't necessarily go away because she hides.

 

[Seand8519]

Im in michigan, she knows this is serious and that could ruin my life. She said she is going to the police station to tell them she lied out of fear that i was going to get custody of the child if we broke up. She made a very big mistake and is now scared she will be in big trouble but she wants to do the right thing and have my case dropped.

 

[Zigner]

Im in michigan, she knows this is serious and that could ruin my life. She said she is going to the police station to tell them she lied out of fear that i was going to get custody of the child if we broke up. She made a very big mistake and is now scared she will be in big trouble but she wants to do the right thing and have my case dropped.

In other words, she's going to head on in to the police and admit to committing a crime.

 

[Seand8519]

The dodge? I have done nothing! Ive never been in trouble in my life. This is the scariest thing ive ever had to deal with. I appreciate the comments but i need real advice not just your personal opinon.

 

[Seand8519]

What is the charge for lying about this? Is she in big trouble?

 

[Proserpina]

Im in michigan, she knows this is serious and that could ruin my life. She said she is going to the police station to tell them she lied out of fear that i was going to get custody of the child if we broke up. She made a very big mistake and is now scared she will be in big trouble but she wants to do the right thing and have my case dropped.

Y'all need to be speaking with an attorney. Because while it may not seem too likely, it IS possible for the State to become involved with regards to your child.

Google "failure to protect".

 

[CdwJava]

Im in michigan, she knows this is serious and that could ruin my life. She said she is going to the police station to tell them she lied out of fear that i was going to get custody of the child if we broke up. She made a very big mistake and is now scared she will be in big trouble but she wants to do the right thing and have my case dropped.

Yes, she could get in trouble if she made a false report. She really should speak to an attorney before she goes in and confesses to a crime that could cause her to go to jail and even lose custody of her child.

 

[CdwJava]

The dodge? I have done nothing! Ive never been in trouble in my life. This is the scariest thing ive ever had to deal with. I appreciate the comments but i need real advice not just your personal opinon.

Being the guy that has had to deal with the consequences of DV for nearly a quarter century, you're gonna get my personal opinion. MOST situations (from statistical and personal experience) where a victim recants and even claims to have lied to the police - especially a day after the event - they do so to protect their abuser, NOT because they actually lied. It is a peculiar psychological thing with DV that victims are willing to risk jail and even the loss of their child to protect their abuser, but the abuser almost never is willing to jump on the sword to protect his victim.

Perhaps you are in that small percentage where the victim did go in and report it later and lie about it for some unknown reason. Statistically speaking, that is unlikely ... but, possible.