“Can I drop the charges against my boyfriend for assault and get him out of jail? His hearing date is November 29 which is two months away. He lost his job and risks losing his car and everything. He was served a protective order for 72 hours for a “cooling off period” and he violated this by coming back to get clothes. He is Peruvian and doesnt comprhend the english language very well. Who can I contact to get him out, so we can seek some professional help, like anger management?”
In a criminal prosecution, unlike a civil case, the plaintiff is the state - not the individual against whom the alleged crime was perpetrated. As such, technically, it is often up to the D.A. to choose whether to drop the case or not. That said, many District Attorneys (”D.A.”s) will not want to bring a case if the victim is unwilling to move forward with the charges. Your best bet is to talk to the D.A..
Think you may be in legal trouble? Fill out the form below to set up a confidential FREE consultation with a criminal lawyer in your area who can explain your rights and options to you! Don’t delay! Time wasted can have a serious impact on the outcome of a criminal law case!
A house attorney has answered this question.
Contact This Author
State laws vary, and the above is intended as general advice, and not
direct legal advice regarding any one particular situation in any one
state. For direct personal legal advice related to your own situation
you should consult an attorney familiar with the laws of your state
and with your situation.
“I am 16 years old. My parents divorced when I was 3 or 4 and my mom always gets child support from my dad on time. I live my mom, her boyfriend and my 8-year-old brother, who also get’s child support from my mom’s second husband (now ex.) My mom went back to college four years ago to get her doctorate degree and funds have been short ever since. However, I recently discovered that between my dad and my brother’s dad, my mom is getting $900 dollars in child support every time. I can safely assume that at least half of this is from my dad, at the very least, because he has a good paying job and my brother’s dad works a low-paying job. However, whenever I ask my mom for something, she says we don’t have any money. The only thing she pays for me is food. I pay for all clothes, shoes, and anything else I need with money from my job or birthday/Christmas money from other relatives. Since I am sure I do not eat $450 in food, where is the rest of the money going? My dad also pays for my insurence, driving lessons, etc. I also do not get allowance. All of my friends with divorced parents get their child support themselves. Is there someway I could do this? Please help.”
Usually support goes to the custodial parent, and that parent decides how to spend the money. If you were out on your own, you’d also have to pay rent and utilities and the cable bill and garbage and water and phone and every other bill. So maybe the money is going to some of these things. As long as you are living under your mother’s roof, I am not aware of any way that she can legally be compelled to simply turn child support checks over to you.
Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com.
Contact This Author
State laws vary, and the above is intended as general advice, and not
direct legal advice regarding any one particular situation in any one
state. For direct personal legal advice related to your own situation
you should consult an attorney familiar with the laws of your state
and with your situation.
