Odds of getting Dismissal of a DV assault case???

[dmack2010]

What is the name of your state (only U.S. law)? State of Alabama... I want the charges dismissed for wife’s arrest for Dom. Abuse (was minor compared to most). She was arraigned and pled not guilty at her hearing and chose to use a court appointed attorney and got a court date of 4 March. Her whole beef was that she did not want to be in Alabama and wanted to return to Washington, so I sent her back the day after (posted bail and she flew back to Washington to live). She has no prior record of ANYTHING, daughter of an L.A. police and sister of an Ass. DA and is so ashamed of how she behaved that night. She is so afraid that she is going back to jail. I need to find out if there is anything that I can do to get her charges dismissed and or make it so she does not to return here. I realize they have a no-drop policy and all, but is there any way that can be done on my behalf to make this happen?

 

[Just Blue]

What is the name of your state (only U.S. law)? State of Alabama... I want the charges dismissed for wife’s arrest for Dom. Abuse (was minor compared to most). She was arraigned and pled not guilty at her hearing and chose to use a court appointed attorney and got a court date of 4 March. Her whole beef was that she did not want to be in Alabama and wanted to return to Washington, so I sent her back the day after (posted bail and she flew back to Washington to live). She has no prior record of ANYTHING, daughter of an L.A. police and sister of an Ass. DA and is so ashamed of how she behaved that night. She is so afraid that she is going back to jail. I need to find out if there is anything that I can do to get her charges dismissed and or make it so she does not to return here. I realize they have a no-drop policy and all, but is there any way that can be done on my behalf to make this happen?

Did she have permission to leave the state? What was it that she did? Who called the police?

 

[dmack2010]

While she was still being held in 'the hole', I spoke with the Court Appointed Attorney and told her what my intentions were and I got to thinking it fell onto deaf ears. I even spoke with the judge that arraigned her and got the same impression from him. My wife was still in shock/awe, dazed and confused so-to-speak while being held, due to the conditions and not on her meds that she was not in her normal state of mind and really didn’t know what questions to ask what was real and so on... So I guess the answer is no, she didn’t have permission to leave, in writing. I contacted our Courtesy Patrol guy here at our complex and he in-turn called the police. She was drinking a bit (which she NEVER does) just trashed the apartment out of frustration with nic-nacs, and turned over a coffee pot with hot coffee in it while flung across the sink and splashed onto my arm and burned slightly, not as bad as the police report read mind you. I have left numerous messages with the Court Appointed Attorney in the past week and have got not response to see if anything can be done.

 

[CdwJava]

All you can do is talk to the DA and let him or her know your position and wishes. However, you will have no real say on whether or not they drop the matter.

Your wife will need to heed her attorney and return back for her court date when it comes up. It is always a possibility that the DA will drop the matter, but you won't know that for a while. If they have already gone to arraignment then it is less likely that the matter will be summarily dropped absent some compelling reason to do so.

 

[dmack2010]

OK, Thanks. I figured that the odds were gonna be less than 50-50. But was hoping to find an answer that was 100% sure that she would not have to return here and or drop all together. I will still continue to contact the DA, even if I have to stand outside her office at the courthouse since she wont return my calls. I guess she will have schedule a flight just in case and show up on the 4th.