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DV Assault 4th degree, need advise on going to trial

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Ajgraf

Junior Member
What is the name of your state? Washington State
Hello, My wife and I had an argument. She got really mad and called the Police I told her not too and she still did, I left the house immediatley and was pulled over by the police later, I did not hurt or hit her but I was charged with 4th degree assault and had 3 NCO (No Contact Orders) put on me. Now My wife has no intentions of following through with charges but I understand that the State can. I have pleaded not guility, and awaiting trial. How can I have this dropped? My wife was saying that she would go to court and let them know that she was just mad, and there is no evidence that the police have because they just took a statement from her.
Should she go to court and say that there was no problem and she was just mad?
Should she just not show up for court?

What is the best thing to do in this situation?

Thanks
AWhat is the name of your state?
 


fairisfair

Senior Member
it doesn't matter that she does not want to press charges, the state can and will, and even if she does not testify, recent supreme court decisions now allow the prosecution to use 911 recordings as evidence in the absence of testimony of the victim. Your best bet is for your wife to testify. I seriously doubt that the prosecutor is proceeding with this case with "no evidence" but whatever. This should be a lesson to you both, the police are not referees for your innocent domestic squabbles and you need to learn to control yourself apparently.
 

stephenk

Senior Member
Your wife was mad or afraid when she called the police? If she dialed 911, the call is recorded and can be used as evidence against you. What did your wife tell 911 to get them to send the police? Why did you leave before the police arrived if you claim you did nothing?

You and she should either get divorced or in some serious therapy if your arguments are such that the police become involved.
 

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