Sewell, NJ Criminal Defense Law Firms & Lawyers

You are in a difficult situation. The only person who can agree to drop the charges is the prosecutor....who then goes before the judge for approval. You cannot bypass the prosecutor. Based upon the witness report (as you have stated), there is "probable cause' that your boyfriend may have committed the crime of domestic violence. Because this is a crime, the state gets involved. Once the state gets involved, you have no control as you are a victim/witness to the crime that your boyfriend allegedly committed. You are not the one bringing the charges. It is the state. Prosecutors and judges are reluctant to dismiss no contact orders in these situations because of the following scenarios: The assault did happen, but you, the victim/girlfriend, are recanting because of fear of intimidation or threats of retaliation by your boyfriend, or the fear of being on your own, especially if he is the sole or major income provider to the relationship. There is also the possibility that he may have assaulted you, but as the victim, you are of the position that "he really did not mean it", "this is the only time he has ever done it", "he only hits me when he is drunk", "it was my fault",, etc., etc.; in other words, the victim places the blame on herself for his actions. If any of these scenarios is true, and the judge or prosecutor were to drop the no contact and then something were to happen to you, there would be real issues for the judge and prosecutor. All you have to do is read the papers. My advice is that you boyfriend get an attorney to assist him with this matter. The consequences of a conviction are quite substantial. Don't think the case will go away if you don't cooperate or refuse to testify... especially if there was an independent witness, which appears to be the case.

The law mandates that a person who has been arrested must be brought before a magistrate within 72 hours regardless as to whether the charge is a misdemeanor or felony.

You should obtain sworn statements from your friends setting forth your role in what happened. You would submit these sworn letters of exculpation to the police. Ed dimon,esq