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Does States Attorney have final say?

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TJ1955

Guest
My friends son is married and lives in VA. He got into a domestic dispute with his wife and the police were called. He returned home from work late and his wife met him by screaming and scratched his face and neck until he was bleeding. He asked her to stop and she wouldn't. He intended to push her out of the way to get her away from him and hit her in the nose and caused bleeding instead. She is very aggressive when she is angry and I have witnessed this on other incidents. The police were called and a police report was filed and he was arrested for assault. He has been told that this incident is going to court and the State Attorneys Office is doing it. Wife claims she did not press charges (he was released after posting bond and is currently living at home). I don't know if it was recorded in the police report that she had initiated this or that the scratches and abuse on her part were documented. In a previous incident, she was yelling and screaming and the neighbors called the police. They responded and asked him to leave. Which he did. My question is if she does not want to pursue this can the State Attorneys Office follow through on their own? He lives in the state of VA which is a commonwealth state. What recourse does he have? He does not think speaking to an attorney will help and cannot afford one. Could you please advise. Thanks
 


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juanitag

Guest
Sometimes the DA or state's attorney will pursue a criminal case even without support from the victim of the crime (typically in sex, child abuse/molestation, and domestic violence); that sounds like what is at work here. Your friend's son needs an attorney and if he cannot afford one the court will appoint one (either public defender or private attorney paid by the public coffers).
 

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