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Need help in IL to drop a domestic battery that was untrue. Was drunk when i filed the report

Discussion in 'Criminal Records, Expungement' started by brittney lynn, Feb 15, 2018.

  1. brittney lynn

    brittney lynn Law Topic Starter New Member

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    Jurisdiction:
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    On november 25th 2017 i was very drunk that night and called the police on my boyfriend that i lived with for a domestic battery. He was arrested that night and let out 48hrs later. We have a no contact order until the case is resolved. I know he did not hit me i had no marks or bruises and dont even remember exactly what i said in the report. i should also add that he already has a domestic battery on his record from years ago (not with me) so this does not look good. i am looking for advice on how to make this go away as soon as possible.
    thank you
     
  2. army judge

    army judge Super Moderator

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    Reporting this incident must have been hard for you.

    You were very brave to report the attack.

    How are YOU doing?

    Are you healing?

    Has this traumatized you?

    You seem like a very strong, powerful woman.

    Please take care of yourself.

    Remember, tell the truth to the best of your recollection.
     
  3. brittney lynn

    brittney lynn Law Topic Starter New Member

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    i must have not been clear i was not attacked but said i was when i was intoxicated that night. im trying to make this all go away so he doesnt get charged for no reason!
     
  4. army judge

    army judge Super Moderator

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    You were clear as crystal.

    You can't make anything go away.

    If the charge is dismissed, that will be up to the prosecutor to petition the court to Nile prosse the case.

    Meanwhile the male defendant should discuss it with his lawyer.

    His lawyer can instruct you as to how you can perhaps help extricate the male that you now believe was falsely accused.

    Be careful, because you might end up getting charged with lying to the police, or some similar obstruction beef.
     
  5. brittney lynn

    brittney lynn Law Topic Starter New Member

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    We can have no contact until this is resolved so i am unsure where to start. I am willing to face the consequences because i know how i get when i drink (which is why i don't anymore) should i just go into the courthouse before this goes to trial and talk to who?
     
  6. army judge

    army judge Super Moderator

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    You have two options.

    You can contact the prosecutor, ask for an appointment to discuss the case.

    Alternatively, contact his lawyer and seek an appointment with his lawyer ONLY, to discuss matters pertinent to his defense.

    If you wait for the next hearing, nothing will change.

    You have put a great, hungry beast into motion.

    The beast must be fed.

    To avoid the beast devouring the male, you should start trying to get your appointment tomorrow.
     
  7. brittney lynn

    brittney lynn Law Topic Starter New Member

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    thank you.
    how do i contact the prosecutor?
     
  8. army judge

    army judge Super Moderator

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    Google "prosecutor YOUR COUNTY, IL"
     
  9. zddoodah

    zddoodah Well-Known Member

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    Notwithstanding what "army judge" told you (none of which I disagree with), you have no control over the situation. Your boyfriend needs a criminal defense attorney.

    It's not "no reason." Nothing in the history of the world has ever happened "for no reason." In this case, the reason that he has been or may be charged is because you lied to the police. That being the case, you may want to consult with your own attorney because you are subject to being charged for lying.
     
  10. Highwayman

    Highwayman Well-Known Member

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    He's already been charged so it's too late. You should be charged also and will hopefully spend some time in jail. Being a drunk is not an excuse for committing a crime.
     
  11. cbg

    cbg Super Moderator

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    Once you make the report it is no longer within your power to make it go away. There is no action you can take and no law you can invoke that will force the DA to handle it the way you want it handled. It will be handled as he sees fit, and he may or may not take any notice of what you want done.
     
  12. ElleMD

    ElleMD Well-Known Member

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    Police do not go around arresting people on the say so of drunken women, nor do prosecutors charge people based on the same. You might not remember what happened or might remember only select parts but that does not mean there wasn't enough evidence to warrant an arrest and charge. Just because you didn't wake up bruised and bloodied does not mean there wasn't cause or "nothing" happened. It is now out of your hands.
     

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