Assault & Battery Tj

[miccar]

An ex went to court 07/30/2012 for a dv that was filed 12/25/2005. He tried to call his ex, she never answered his calls. He received 1 yr probation, his ex finally calls speaks to his mother, mother tells her what has happened, and now ex states she did not file the report. He did not hit her. She is willing to write a letter And go to the police and judge to tell them that she wants to gets the dv report removed. Can his case be dismissed even after the fact?

 

[mightymoose]

Nope. He wouldn't have been convicted without some kind of evidence. Just because the ex changed her mind about how she feels about it after 7 years doesn't mean it never happened. She would pretty much have to admit to making a false report in 2005, though I suspect her new statements would be the false ones. Her statements and demeanor at the time would all be documented in a police report as well as any physical injuries.

Out of curiosity, did he accept a plea offer for the 1 year probation?