My husband has been arrested for domestic voilence. Can i remove the charges and have him get released from jail?
I'm not a lawyer, answer is specific to personal experience and knowledge of process in CA and NV. No, both of these states will continue prosecution based on original statements and complaint and report of arresting officer, law recognizes pressure on complainant (victim) and assumes role of complainant (State of CA vs. perpetrator). Even recanting complaint will usually not work and refusal to testify also not likely to work. Advise you let him sit in jail, be forced into court-mandated anger management program no matter how much suffering it causes you. you will both be better off. In most cases and most states when there is a domestic violence dispute with injury or serious complaint, an arrest must be made. Now what most people think is that YOU are pressing charges against a person. However, in reality the state or county is bringing the charges against the person arrested. You have the option to not testify and retract you original statement. However, you cannot force the police/court to drop the charges against him. Often when a spouse/family member/etc. chooses to no longer participate in a trial, it proceeds anyway with the ADA (Assistant District Attorney) as the 'accuser'. Many people who are victims of abuse are not able to see their loved one punished or admit to the abuse so this protocol of the state bring charges rather then the victim prevents victim intimidation/violence and means that more abusers end up being charged, tried, and convicted. You may as I said choose to argue your original police statement was inaccurate BUT most likely the police will dismiss your request and the court would most likely allow the prosecutor to read your original statement to the judge and have it be presented as evidence in his trial, without you present to argue you husband's side. If he has already been sentenced, there are no grounds for you to appeal the decision. Nothing you do at that point would make a difference. If you told the police you made a false statement, they would simply arrest you as well. I would recommend in this case only attempting to clear him of charges if he is totally innocent, has not yet been to trial, and you can get a good lawyer. Otherwise he is going to have to accept the consequences of his actions and you should contact a domestic abuse counselor that can help you deal with the situation.