I was in the process of ending a bad relationship a couple years ago, in which we had a few really bad arguments involving the sheriff. At the time of these arguments she accused me of physically hitting her, threatening her, and said i would'nt let her leave her own house. I went to jail for three days, and was released just so she could put another domestic charge on me a week later. Three more days in jail. None of it is true. The D.A. has three years to adress my cases to file charges, and they are more than likely going to wait for the whole three years to see if I get anymore charges. I dont want these charges on my record nor should they be, so I've asked my ex if she would write a statement, confessing the truth and admitting she made false accusations about me, then had the document notarized. My questions are: Will this help me to get these charges dropped by the DA? And will my ex get in trouble for making these false accusations about me?
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Assault & Battery False Felony Domestic Violence charge
- Thread Starter Mattie64
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army judge
Super Moderator
If you do that, you could be charged with witness tampering.
In fact, in these kinds of cases, defendants are admonished to stay away from the victim, and have NO contact by any means with said victim.
I think what you're doing, thinking about, or attempting is foolish at best, criminal at worst.
I'm sure you have an attorney, and he or she has advised you similarly.
If not, I'd suggest you retain the services of one ASAP.
In the meantime, for your sake, stay away from the victim.
Who knows, she may already be setting you up.
By the way, her notarized statement, assuming she's stupid enough to go along with this idiotic plan would be meaningless in this matter.
In fact, in these kinds of cases, defendants are admonished to stay away from the victim, and have NO contact by any means with said victim.
I think what you're doing, thinking about, or attempting is foolish at best, criminal at worst.
I'm sure you have an attorney, and he or she has advised you similarly.
If not, I'd suggest you retain the services of one ASAP.
In the meantime, for your sake, stay away from the victim.
Who knows, she may already be setting you up.
By the way, her notarized statement, assuming she's stupid enough to go along with this idiotic plan would be meaningless in this matter.
Betty3
Well-Known Member
It's not a good idea for her to do that. There are too many victims that come back later & want to drop the charges or say they are false. That isn't a good idea & it probably will not help. It also was not a good idea for you to ask her to do so - do not be contacting her.
You need a lawyer & follow his/her advice.
You need a lawyer & follow his/her advice.
mightymoose
Moderator
I agree. Make that document disappear. What matters, if the time should ever come, is what she says in court when called to testify.
Don't say or do anything to persuade her testimony.
Don't say or do anything to persuade her testimony.
army judge
Super Moderator
You don't have to clear your name.
You, as are ALL criminal defendants, are INNOCENT until the state proves their allegations.
That said, you really need to consult with your lawyer.
If you haven't been formally charged, only arrested, you wait.
You stay out of trouble, avoid all VICTIMS in this matter, and if they call you you, you document it, and hang up or run (don't walk) away from them.
In fact, just change your number, email addresses, and stop all manner of communication with them.
Stay off social websites, just lay low, go Saddam Hussein style and find a hidey hole, then stay in it!!!!
Be smart, be patient, control your temper, and seek anger management counseling.
If you don't have a lawyer, hire one.
If you can't afford one, ask for court appointed counsel, or wait until that time comes.
You are just setting yourself up to take another big fall.
By the way, if such a document exists, it can't be destroyed.
The notary would maintain a record of such a transaction.
I can't tell you how incredibly stupid and incriminating that type of thing can be for you.
You should not do anything with that document, except consult with your lawyer.
For goodness sakes, don't try to lie about ever discussing this idiotic idea, and certainly if she gave you such a document, lying about it could be devastating.
Stop, just stop, avoid her, lay low, get that counseling, and do no more harm.
They gotcha by the old gonads now, and they will choose when to let go.
You just need to walk that straight and narrow.
They will determine what happens next, unless you retain a lawyer and let him or her drive this.
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She told me the sheriff's dpt. sent sent her a letter asking if she would no longer like to persue the matter, if so sign and mail it back to them. She lost the letter. What is the difference between that and a notarized letter from her?Its her that wants to right her wrong doing to me. Ive never physically harmed anyone and she knows I dont deserve to be in this situation. But it sounds like im screwed anyway.
CdwJava
Moderator
The difference is that YOUR letter is worthless because she can claim later on that she agreed to it under duress, and the letter from the DA or the Sheriff's Department is from an unbiased executive entity (usually it's the DA because we're kinda prohibited BY LAW from dissuading a victim from pursuing prosecution). In the case of a document you wrote and had her sign and got notarized she might later claim that you offered to give her something or threatened her, and THAT was why she signed it. Since about 3/4 of DV victims try to recant or decline to help the prosecution of their abusers, no law enforcement official or DA is going to be swayed by such a document anyway.
However, you can always try to petition the court to purge the arrest record. That won't remove ALL vestiges of it or the memory of individuals who knew about it, but if the petition is unopposed by the prosecutor or law enforcement a court could direct that the related arrest records be sealed and then destroyed. See PC 851.8
Thank you cdw java, you have been the most helpful to me. Can you tell me what to expect in court, and how the order of it might happen? Are my ex and i going to be in court together? She mentioned that if her written confession didnt set me free of this nightmare of a mess she got me into, that she would not go to court. I told her that once she made her faulty accusations of me, Its out of her hands and now completely up to the da to prosecute me wether she is there or not. Is that true?
confession
confession
CdwJava
Moderator
IF it goes to trial, she could be called as a witness at the preliminary hearing (if you are charged with a felony) and probably will be called at the trial itself. Other than that, she does not need to be present for most motions or conferences that might occur in the pre-trial stages.
She won't have a choice. Ignoring a subpoena can land HER in jail. I have been ordered by a judge on more than one occasion to fetch the victim to court in handcuffs if necessary. In one case, the victim was held in jail until the next hearing which was about two weeks later.
Yes it is. Some counties will give the victim some option to seek to drop the prosecution, but this is not common and rarely a wise idea, IMO. Those that do allow this option will provide a document to the victim that they can sign asserting that they do not wish to assist in the prosecution of the case, agreeing that they will not hold law enforcement or the DA liable for any harm that might result from the charges being dropped, and affirming that she is not afraid for her safety. These forms tend to be ambiguous enough that the victim does not have to admit to lying on a police report in order to request the charges be dropped. This option is the exception and not the rule. But, this would be for HER to inquire with the DA about, not you. YOU need to avoid communication and contact lest YOU be charged with intimidating a witness. Imagine the result (an arrest) that might occur if she calls the DA and says that YOU told her she needed to ask about some form to allow her to drop the charges. A few questions later, and the police could be knocking at your door and hauling you in.
have you been arraigned? Since there seems to be no pending court date, I suspect you have NOT been arraigned. Chances are that you will not ultimately be charged. But, you can always preempt the matter by petitioning to have the arrest sealed and purged pursuant to PC 851.8. You CAN do it by yourself, but it is best to seek the advice of counsel if you want to stand the best chance.
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