By: Criminal Defense Attorney Tracy Catherine Miller, Former Deputy District Attorney and Founder of Female-Owned Law Firm, Domestic Violence Legal Center®

Question: When my wife does not want me prosecuted for domestic violence will the case be dropped?

Criminal Defense Attorney’s answer:

First, how do you know your wife does not want prosecution? You should never discuss the facts of your case with anyone but a lawyer. Your 5th Amendment Right to Remain Silent under the Constitution should always be considered seriously and it is imperative you seek legal representation immediately even if you are not arrested. For example, if you are simply accused of a crime and under investigation you need to contact a lawyer.

Second, the District Attorney’s Office decides whether a case is “dropped,” not your wife.

Third, hire an attorney to craft a plan where both you and your wife may be able to persuade the District Attorney’s Office to reject your case for criminal filing.

It is wise and well-worth the investment at this phase for your family to build a legal team who will work for you to create a customized Mitigation Plan under the legal guidance of former Prosecutor who knows how the system works. This includes the goal of giving the District Attorney’s Office information that emphasizes you and your wife desire your case remain a private, family matter and to avoid the stress of Court and litigation. Call me immediately after you have been arrested to create a customized Mitigation Plan where we work collaboratively at (949) 429-8098.

DISCLAIMER: participation in review of materials and information issued by Attorney Tracy Catherine Miller and/or her firm is not considered to create an attorney-client relationship and is only for purposes of thought-provoking and innovative consideration regarding the topics at issue.

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