Arrested for Domestic Violence, Girlfriend Doesn't Want to Press Charges, What Can Be Done?

[@JamahlKersey]

Did you find this video informative? Please let me know in the comments below! People are oftentimes shocked to find out that they can't just go to the judge and ask them to dismiss the case. There are solutions, however. A solid defense attorney can definitely help in this situation.

[@harryj1081]

Once it’s within the hands of DA, it’s no longer you game, not to mention they might put couple’s children under CPS. A Family totally destroyed.

[@eugeneallison7457]

Well the abuser destroyed the family not CPS!!!!!

[@theblondeone8426]

Im a girlfriend in tx and a homeowner - I just had cops come to my house and I told them I didnt want any charges they did it for a bruise - made me sit outside in the heat for hours until they got a warrant and i had NO rights!!! I thought that I had a choice whether to file charges or not but apparently NOT. This violation of rights has gone wayyy too far. I felt like and I had no rights at all.

[@JamahlKersey]

Sorry you had to go through that. That’s really unfortunate. You’re allowed to provide your input as to whether you want charges filed and whether you would be willing to participate in the process, but ultimately the decision is up to the DA. This is oftentimes very frustrating for women who want to handle the situation with their partner without the involvement of police, DA’s, and judges. I sincerely hope the situation works out for you.

[@edwardtaylor5411]

Going through this now no contact until case is over not sure have not spoke to her

[@onlydxnk8836]

Any updates??

[@tiayannatsakalos-q8f]

updates?

[@kJavo-qu5yq]

Sam’s any update

[@SCOOBYLOVERA06]

My husband Choked me out back in September, amongst other Emotional abuse I've endured for years... He does Armed security and Fugitive recovery for Bail..... I didn't call the police on him because I was scared he would be even more mad if he wasn't able to carry his guns..... So I begged for Marriage counseling..... He said he would get someone for us but he never did until Last month when he and I seperated because I just couldn't take it anymore..... BUT when we had our first session, the counselor gave us homework to do and he refused to do it. And he even spoke to the counselor nonchalantly about how he abused me. And it made me very emotional and even made the counselor upset...... So at this point I'm realizing that he Was never remorseful. And I need to know if I can still file charges for my own safety? .... And also, if I move out of state would I have to come back for court or could it be Via zoom ?

[@JamahlKersey]

I’m sorry to hear about your situation. You can reach out to the police to move forward with a case. If the file had already made it to the prosecutor, you can contact them. You being out of state shouldn’t be a problem with moving forward. Best of luck to you.

[@SCOOBYLOVERA06]

@@JamahlKersey Thank you for the reply!.... And should I file in California first and then leave to go back home. Or can I file once I get back to GA for my own safety?

[@JamahlKersey]

You should file in the city where the incident took place. If you want to wait until you get to GA, and call the police in CA you could probably do a report over the phone.

[@SCOOBYLOVERA06]

@@JamahlKersey Okay. Thank u!! .... My family back in GA was just worried if I did it while I was still here it would piss him off and he has hella guns. And they worry for my safety. ..... That's why I was asking about the possibility of doing it after leaving for GA...... Thank u so much

[@JamahlKersey]

You’re welcome! Be safe. 🙏🏾

[@keica123]

I’m currently going through this with my sons father. He was charged w/ aggravated assault and had my kid in the car while He rear ended me on my bumper. I also may add he was on probation. I want to the drop the charges what’s the possibility that that’ll happen and he can just serve his time for violating probation ? He’s never laid a hand on me, he really just needs anger management and possible parenting classes

[@JamahlKersey]

Sorry to hear about your situation. Based on the details provided, you need to get a solid defense attorney involved.

[@saplink6411]

I regret calling the self help and they sent a cop. I was so stressed and did not know what to do. I wanted to just go home after my hisband grabbed me and bruised me up pretty bad on my arm trying to get his phone from me because i took it. I shouldn't of. One he is great father. 2 i did not call 911 i called for advice and to just make sure that i wouldn't get in troible for just taking our girls to sisters house. Unfortunately, wind and fire warning had electricity shut offs. I panicked because yes, i wanted him to leave . Because it did hurt. I was scared. I felt with no home. I felt like what do i do? I would of never grabbed him like that. Eather way, he got put in jail. Straight up had a bail a bond. I bailed him out. I just honestly thought they would take him talk some sense and have gim get his own place. But no...i paid $ 5,000. To get hime out. Look he is a great father, these bad slivers in time that really i said to much to people at the end of the day dont care about my family. I mean i dont hear any call to see how i am, how my husband is, how 4 hours cost 5,000$. They took my statement i just wanted advice, help and not like this. I shouldn't of said anything. I wanted help, advice someone to talk to. To help us. To say hey man. You need to get a room somewhere else. Not hey , we are putting u in handcuffs. He said they took his blood, dna, mug shots, hand prints. Like what the heck. Look, i love this man. I know i been with him 21 years, we have a great history, had rough patches and this even was not ok. But i dont think its ok for him to be treated like that in that case my girls. Look i wanted help. Not like this. I feel so stupid Again my husband is a great father, great person. But a self help is not someone that will give u a plan of attack to help your situation. They will make things worse. What do i do. That is not what i wanted. My girls were not home for the fight. I checked them out to just take off to my sisters. Eather way. Im worried because i dont know how i can help him. I mean this effects my daughters. This is their dad. He has said he will move out. Which is painful and sad because im still in love with this man but this is not ok behavior. I need advice. Look I know now no one can really help a relationship. I was so naive 5:33

[@ismaeljrmorales3613]

My first 5th degree domestic assault, my max is 90days. Should this be a slap on the wrist in regards of penalty punishment?

[@Hebrew-Nation1]

I have someone that is currently going through domestic violence. They had a argument with there spouse. No actual fighting just pushing and grabbing no real injuries minus her lip busted from her braces a little but no weapons or anything involve or even real fighting but also loud screaming inside the house of arguing. The guy set in jail over the weekend bonded out and saw the judge 2 days after for his arraign He doesnt have a criminal background or anything no trouble nothing. Just waiting for a date. Could those charges possibly get drop if there is no actual proof of fighting

[@JamahlKersey]

It’s possible that charges do not get filed, but pushing and grabbing is enough to get charged with misdemeanor DV, unfortunately. It doesn’t sound like there’s a lot of evidence, but remember, the alleged victim’s statement alone is evidence. Depending on what’s at stake for your friend: a really good job, a special license, reputation, custody issue, some people cannot just leave things to chance and hope they go away on their own. In that situation, it would be advisable to get the best attorney they can. The attorney can help avoid charges being filed before he’s due in court.

[@Hebrew-Nation1]

I do know the guy just got a court appointed lawyer because he doesnt have much money for a good attorney he mentioned there wasn't much said on the victims report other than her braces issue and the grabbing part. He has a no contact but other than that if the victim doesn't even show up to court there's a big chance the charges will get drop due to the lack evidence to prove it? He doesn't have kids and had a good job but recently got laid off 2 weeks ago before the incident and just been a good citizen that ended up in a bad situation for the first time

[@AhmedHussein.81]

How can I know if the detective who call me he’s cps detective or police detective because I got call from someone he said he’s detective and he wanna know some information about my case but I didn’t give him any answer then when my attorney call him he started charging the story so you

[@AntonioGarcia-jh4vc]

I was arrested a few days ago on DV charges, they released me earlier and my court date is on Feb 14. This is my first hash with the court system and she has a minor bruise from the incident. (No weapons were involved) My spouse and I have worked things out and I'm getting proper help I need. Should my spouse go with me to court and how should I navigate this issue? Please help

[@JamahlKersey]

Sorry to hear about that. If your case is in CA, we can definitely help. If not, you should reach out to a solid attorney in your city. kerseylawoffice.com/domestic-violence/

[@explicitgenius5790]

I’m being faced with the same thing my court date is February 13th and it’s with my mom good luck my man I hope everything goes well I’m actually genuinely scared for myself because I know how things go like this and I got out of jail recently on ROR I don’t feel like I should go to prison if I’m out rn after getting out of jail not harming anyone continuing to be respectful and applying for jobs im 19 and that was my first time ever swinging on her because she said “oh take your underwear off in front of me and sniff it” it was really weird and she was constantly yelling and disrespecting me for 6 years I just got fed up with it and swung on her and some people don’t believe me and says it’s unrealistic for my mom to say that but she indeed did and now I’m trying to beat this case because guys like me get raped and killed I’m too young man there is also too many old heads I’m really concerned for my safety I don’t like where this is going I hope your charges get dropped and that you are ok my man edit: I’d also like to add that I had to complain a lot to my mom to get food and medicine I didn’t really ask for much and I could never even talk to her for even 5 minutes without her yelling at me or instigating stuff and she would say stuff to my face and tell me to go away and then I’d go away and she would text me and just be a complete asshole and then when I would “threaten” or “harass/cuss” her out it’s always because she talks way too much and I know other people are gonna call me a softie but when your money gets stolen or she only ever says bad things about you ruining the reputation with your family it gets extremely annoying and I’d always hold myself back and walk away and it’s hard for me to act like I have any remorse for being treated with disrespect and yelling for so many years and I didn’t even start living with her until 2017 like 15 years old yk it’s a long story but yeah and now I have to deal with people trying to kill and rape me and I’m genuinely concerned for my safety

[@abigaillegore8399]

How did court go? I found out that my boyfriend was arrested this morning for simple battery( domestic violence- first offense) I called the police some months back after my boyfriend kicked me out of his apartment after we had a small fight around 2am and I told the officer that I didn’t want to press charges and that I just needed help with getting my purse from the apartment so I can leave. I didn’t know a report was filed until I heard that he got arrested today and I’ve been trying to get in contact with someone about this all day but now I’m just stuck. I went to the precinct that the officer came from and they told me that it’s in the state’s hands even though I didn’t want to file a report. He has court tomorrow afternoon and I’m not sure what I can do on my end. Please help

[@AntonioGarcia-jh4vc]

@@abigaillegore8399 do you know if he was able to get an attorney ?

[@abigaillegore8399]

@@AntonioGarcia-jh4vc no. I’m not sure.

[@whatashame22]

Hello I was convicted of a DV misdemeanor 12 years ago and was recently arrested for a 2nd DV what could I be looking at I have many character witness letters from charities, therapists, counselors and a police officer. Will that help at all ?

[@JamahlKersey]

Sorry to hear that. The amount of possible time is going to primarily depend on how serious the facts of the current case are, and those of the prior. Your lawyer should be able to give you the worst case scenario based on the specific charges filed. With that said, each of those things you mentioned tend to be very helpful in negotiating the best possible deal. Make sure you get all of the info to your attorney to provide to the DA.

[@whatashame22]

@@JamahlKersey thank you for the info I was fortunate that my felony got dropped down to a misdemeanor with no jail time

[@liltowanou]

What if the victim lied that you stragglin her and there is rash or sumthing red on her neck. But she doesn’t want to press charges, do she contact the judge somebody to tell them that she lied? And which one is better public defender or an attorney?

[@JamahlKersey]

That’s a good question. You should ideally reach out to a private defense attorney immediately. Unfortunately, the alleged victim cannot just go to court and ask the judge to dismiss the case. The judge has no authority to do so. If you hire an attorney, they may be able to collect the necessary evidence/statements to communicate with the DA and convince them not to move forward with filing charges. That is one of the advantages to hiring an attorney. You can get started on your defense, before the case is initiated. With a public defender, unfortunately you won’t be able to talk to the lawyer until just minutes before you’re in front of the judge.

[@liltowanou]

@@JamahlKersey so public defendant is worthless basically.

[@yanellerr__]

My brother Is a juvenile getting charged with 2nd degree kidnapping & assault and strangulation charge . He has no criminal history. He got into an argument with his ex that lead to a pyhsical fight. she is now pressing charges and have received a continued hearing for domestic violence and ex parte ? what does this mean ? I am in NC.

[@JamahlKersey]

Sorry to hear about your brother, Yaneli. Every state has a different system. Even counties within a state can vary as far as how they carry out their procedures. I practice in CA and have no knowledge of how they do things in NC. The separate hearing re: domestic violence could possibly be about a restraining order, and there are a number of things that can be addressed at an ex parte hearing. It would be best to contact the lawyer handling the case to know for sure.

[@ramindersharma978]

Can I drop charges of dv on my husband if I have provided some abusive audio evidences and one vedio evidence where he is snatching my phone.. How can he be saved?

[@Beautifully_Blessed88]

What happens if there is a warrant ? But wife does not feel he needs to do jail time just counseling and probation

[@TheAddison-ee9cr]

He’s going to jail regardless the court system is slow even if u try to drop it he’s going to jail

[@Top_CaBin117]

Very insightful I hope I hired the right lawer.

[@JamahlKersey]

Thank you! I certainly hope you did as well.

[@tuedaz]

What are the elements that meet "beyond of a reasonable doubt"?

[@JamahlKersey]

The instruction provided to the jury is proof that leaves you with an “abiding conviction” that the charge is true. It’s not beyond any possible doubt, because most things in life are subject to doubt.

[@tuedaz]

@@JamahlKersey So, the prosecution must prove actus reus and mens rea to the jury and that would be backed by an injury in fact?

[@iiammyalashay919]

@@tuedazcorrect ! Which is hard to prove when the victim is not on their side

[@elizabethkass49]

Yeah a victim teaming with the defense is the way to go. If you want a better outcome for your significant other.

[@JamahlKersey]

It doesn’t always work, but it can be very helpful. Many couples much rather deal with these issues on their own versus having random judges and DA’s making major decisions that affect their lives.

[@eugeneallison7457]

Or don't beat the hell out of the other

[@MOOMOO2728]

Can a person say no to taking pictures?

[@alexanderalvarado852]

What’s amount of jail time for first offense domestic violence ? ( misdamedor ) had past priors before nothing violent. Was on Felony Probahtion for Drugs caught a case at 18yo got off probation at 22yo Im currently 24yo and haven’t been to jail since

[@JamahlKersey]

The max sentence on a misdemeanor is one year in county jail. With good time credits, it could be 6 months or less actual time served. If you’re in CA, we can help. You can call 619-399-3366 for a consultation.

[@Hebrew-Nation1]

​@JamahlKersey what about if you don't have a criminal background at all and didn't even commit the actual crime and is innocent. And what if the person drop charges or just don't show up to court to press charges what can happen?

[@SumaiyaAfrin-ce7ij]

sir ,me & my husband no actual fighting just pushing and grabbing no real injuries they arrested him before 3days & after 2nights they release him,but he can't communicate with me nd can't come home.after 11days cort days,what will happen sir??my daughter 15month old miss her father ,& she is high risk baby,need proper care alone i can't take care her ,,i want my husband to come home..what can i do sir?

[@AndriaaaRichh]

Im currently going through this with my boyfriend. i recanted my statement but can it still be used in court?

[@JamahlKersey]

Unfortunately, the case will not necessarily be dismissed and can move forward, even with your recanting. However, this could lead to the case being dismissed, because you’re creating proof problems for the DA. If for whatever reason the case were to go to trial, presumably you would testify that your boyfriend never hit you, harmed you, etc. In this situation the original statement can still be used against you as a prior statement that would be inconsistent with your then testimony. But again, this makes for a muddy situation for the DA, compared to all the cases they have that don’t have an alleged victim who recanted or otherwise don’t wish for the case to move forward. The extent of the injuries, if any, can play a big factor as well. If an alleged victim says, “Nothing happened,” but then there are broken bones, or other documented or visual injuries, it can be a lot more difficult to get the prosecutor to agree to dismiss the case.

[@AndriaaaRichh]

thank you so much, i just want him to come home and she won’t drop his charges and we have a baby coming in November, it’s all a mess but im very thankful i came across your video for some legal advice and guidance. we appreciate you!

[@brittneysharp8608]

@@JamahlKersey I’m going through this as well in Riverside county! We had an argument in public and some people called the cops and gave false witness statements claiming he was “beating me” when we weren’t even arguing anymore by the time the police came and nothing happened! I was high and was a little tipsy and ended up feeling pressured into saying he pushed my shoulder, they took pictures and no injuries, just a small red mark/scratch? on my arm from work? I’m not really sure where I got it because I was high. He’s taking it to trial and I want to testify on his behalf to say nothing happened but am worried they will try to use anything they can to prove my statement as false. Im also currently due in February and just want this over with and not stress about it anymore.

[@ChristisLord553]

@@brittneysharp8608 I am due in February and going through the same thing. It’s been a nightmare and it’s not fair that we have no say as to what happens to our partner. I’m thinking of writing a statement but don’t know if that will harm or better his chances.

[@ChristisLord553]

@@brittneysharp8608 I’m also trying to do as much research as I can on my own because we can’t afford a private lawyer.

[@Reggi_Sample]

Man oh man. My partner has epilepsy. I returned from work and found her with a burn to her arm which I can only imagine she had a fit against a radiator. Then she had another fit the same day as they usually come in clusters, with the second one she fell down three steps and hit her head. That’s a head injury and a burn. I called her an ambulance after the fit I witnessed and head injury and three days later I was arrested for domestic violence and GBH. She has never once accused me and has repeatedly told the police I had nothing to do with her injuries. Still, I am released on bail pending charges, order of protection placed, phone seized, job under suspension. All for calling the ambulance for my partner What in the fuck Anyway I’m Uk based otherwise I’d seek your counsel

[@JamahlKersey]

I’m so sorry to hear this, Reggi. I certainly hope your partner is ok, that sounds terrible. You need to work with your attorney to get those medical records and have a solid investigator get a statement from your partner stating that you did not at all cause these injuries. On the contrary, you were the one trying to help. I hope justice ultimately prevails and you get out of this. I appreciate the comment and the compliment. I wish you the best.

[@JesusSaves7810]

What if you were not arrested but was given a summons for court on dv ? Will you still be convicted of a " simple battery" ?

[@JamahlKersey]

Good question. Neither being arrested nor being given a summons have any bearing on the likelihood of a conviction. At the end of the day, the DA still has to prove guilt beyond a reasonable doubt. There must be sufficient evidence to prove guilt. Make sense?

[@JesusSaves7810]

@@JamahlKersey makes perfect sense . thanks .

[@JamahlKersey]

You’re very welcome!

[@KhadijahParker]

Where can I contact you?

[@JamahlKersey]

619-399-3366 defense.kerseylawoffice.com/thank-you1637189076499

[@AlanG-l8j]

I have been charged with a felony with injury with my wife, went to jail but bailed out due to my fear of losing my job. My wife has a history of DV through out her life with her ex husband and physically abused my step children having Dcsf involved and removing them from our custody. I have court next month but already been taking parenting, anger management, and domestic Violence classes. Will that help me at all or will I still do time wether my wife drops the case?

[@JamahlKersey]

Those things will help you one way or the other. Since you haven’t had your first court date, you may not yet have been charged with a crime. You should reach out to a solid defense attorney to see if anything can be done to avoid charges being filed.

[@JamahlKersey]

Those things will help you one way or the other. Since you haven’t had your first court date, you may not yet have been charged with a crime. You should reach out to a solid defense attorney to see if anything can be done to avoid charges being filed.

[@vonvrsthewrld]

what if someone press charges on you but continues to contact you?

[@JamahlKersey]

That’s a sticky situation, and a common one. A person can tell the police they want charges filed against you, but still contact you. Just because they contact a person, doesn’t mean that person didn’t slap them in the face, you know what I mean? However, the continued contact means that at least on some level, they may not be afraid of the person, or maybe no longer want the person prosecuted, even if they did on the day of the incident. An alleged victim in this situation may be willing to help, in which case the defense attorney’s investigator could get a statement from her saying she does not want the case moving forward. I would definitely reach out to a solid lawyer in this situation.

[@xiaamore178]

These comments … why is it so hard for men to not put their hands on women??

[@stm9094]

You do realize there are women in this world spiteful enough to lie on you & fabricate shit to get back at you right? Happens quite often 🙂

[@almightydolla717]

DV goes both ways to assume it’s only men on here is not only ignorant but judgmental.

[@tiayannatsakalos-q8f]

@@stm9094 yes it does but cut the bs on trying to make it seem like all dv vicitims are lieing and just mad stfu

[@danielkalloo3834]

well its statistically knownthat in 70-80% of domestic violence cases the "victim" obviously usually the woman was the aggressor and was the one yelling and getting handsy and poking the bear but keep going in being a sheep making men out to be the demons and women are always the angels/victims

[@ChanelQueens700]

What if husband os favong prison time this is his third time the police called and i want to drop this one what should I do? Im scared if he goes to prison he will be worse

[@eugeneallison7457]

Hopefully he'll be in prison several years then u can divorce him and take the home and money in the divorce settlement

[@jasminece4395]

I didn’t want to press charges, he never got arrested, Bc he wasn’t at the scene. I want the case to get dismissed. But don’t know how ,

[@JamahlKersey]

You're welcome to call the office for a free consultation. 619-399-3366 defense.kerseylawoffice.com/domestic-violence-caseajv3nnhd

[@jasminece4395]

Thank you thank you 🙏🏼

[@jasminece4395]

Whats the office hours

[@JamahlKersey]

@@jasminece4395 our phones are answered 24/7. If you click on the link, there is a free report that I’m sure you’ll find useful.

[@babyigotchomoney]

Am I in bad shape if I left California while on probation for Dv? I literally was there for about a month and caught a case my first reaction was to head home….. what’s your thoughts ? Should I face the bullet and head back to California and face it

[@JamahlKersey]

It depends. We’d need to look into it more to determine, because it matters what your probation conditions were. Either way, it’s something you should get taken care of sooner rather than letting more time go by. You’re welcome to reach out. defense.kerseylawoffice.com/domestic-violence-case

[@babyigotchomoney]

@@JamahlKersey it was back in 2015 I was on formal probation went to couple court dates and decided to head back to my home state i believe it’s the standard formal probation I totally bailed out cos I had no where to live and obviously I couldn’t be around my bm at the time…..

[@user-sf8oz5bd3x]

Well my ex has abusive whole relationship but he has a drug problem. He slapped me my 11yr old told them I was hesitant but I told them it was true. He had a dv before with me that was dropped prior many years ago he had another. I told police I don't want to press charges plus I want no retaliation . His bond is 25000 he had court Wednesday. Will this possibly be dropped since I'm not cooperating. I still love him but I don't want to be with him. Please advise since I don't want him to do time.

[@user-sf8oz5bd3x]

Meant this coming Wednesday March 22 we're in Sj excuse typos.

[@JamahlKersey]

I’m sorry to hear about your situation. Unfortunately, the case is not likely to just go away on its own, or even because you refuse to show up to court. He needs a solid defense attorney that routinely handles DV cases. Where is SJ?

[@Ckae19]

I have a video of my ex grabbing my face and being dominant, I have a picture with marks on my face. Is this enough evidence to press charges?

[@JamahlKersey]

You can call the police to report what happened. With that evidence and your statement, it would likely be sufficient for a DA to issue a battery charge.

[@andrehuntley5692]

Ay I need help w getting something set aside

[@JamahlKersey]

Hey Andre, you can give us a call at 619-399-3366 to schedule a free consultation.

[@AK-nl1et]

If a domestic violence incident occurred 4 days back then can it still be reported or is it too late? No injury no bruises.

[@JamahlKersey]

Yes it can certainly still be reported.

[@AK-nl1et]

@@JamahlKersey is there a time frame usually? Like when is it considered too late. Thanks for your reply.

[@JamahlKersey]

@@AK-nl1et I'd say generally if a victim is going to report domestic violence, it's likely going to happen in the moment, or within days of the incident. However, it could be reported weeks or even months later. The longer the delay, the more difficult the case will be for the prosecutor. In a situation where there's no injuries/bruises, it would likely result in the case being rejected by the DA.

[@AK-nl1et]

@@JamahlKersey I have a friend who simply wants a police report for further use in divorce or immigration..and not press charges or prosecute. He has audio recordings of the incident.

[@JamahlKersey]

@@AK-nl1et If he was the victim, he can go to the police station to request a copy of the report. You mentioned immigration. If he was the victim of a crime and wants to seek getting legal status, we can help with that. I've helped immigrants get visas over the years as crime victims. You're welcome to have him call 619-399-3366 for a consultation.

[@thecartierfamily2998]

Can I drop my restraining order ? The motion to dismissed was filed but haven’t heard any updates on court yet

[@JamahlKersey]

You can go to court and ask the judge to terminate the restraining order. You would need to testify to the judge’s satisfaction that you are not at risk for harm at the hands of your child’s father and that you do not fear for your safety.

[@Tricebbt632]

Virginia commonwealth lawyer dont wont to drop the charges against my husband

[@JamahlKersey]

Perhaps having a solid lawyer on the case, they’ll change their tune.

[@JenniferRamirez-ny8mp]

The LPD swat and LPD detectives served a search warrant at his residence in regards to a wanted subject in an on going investigation. The wanted subject is 19 years of age,he is booked on numerous felony weapons and drug sales charges as well as domestic violence. Is there anyway he can get out of this

[@ismaeljrmorales3613]

Yes after a prison term

[@erikr6054]

How can I get you as a defense attorney ?

[@JamahlKersey]

Hey Erik, if the case is in California, you can contact us, we’d be happy to help. defense.kerseylawoffice.com/domestic-violence-case

[@sagittariusque8932]

What does it mean when a public defender is no longer representing you?

[@JamahlKersey]

It means the public defender is no longer the person’s attorney of record. Can you provide more context for a more useful answer?

[@sagittariusque8932]

Charge of dv 2nd and 3rd degree. Just sitting with no bond, no court date. Filled out for motion with the PD before him leaving. Was denied bond when arrested but is just sitting. Wearing orange but has been in for 5months as of now

[@JamahlKersey]

@@sagittariusque8932 Sorry, without more information it's really difficult to understand what's going on. The person has a right to representation at the expense of the government. If the public defender is no longer the attorney, then usually an alternate public defender, or a conflict counsel attorney would be appointed. Or the person can hire their own attorney. To go 5 months without a hearing is really bizarre. I would suggest you reach out to an attorney for a consultation. If the case is in California, we can help. 619-399-3366.

[@msgarifunaqueen]

A sibling of mine has allowed her abuser back in to the house mind you he still has a active restraining order against him, he refused to take court ordered medications and there’s a DCFS on going case. What’re the chances of my sibling losing custody of her kids ? Should I help her retain a child abuse lawer(I’m in NY by the way).

[@JamahlKersey]

Thanks for the comment, and I'm sorry to hear about your sister's situation. I don't handle juvenile dependency matters. I think you really should reach out to an attorney who handles dependency cases. From the little I know, If a mother puts herself/her children in a position where they'd potentially be at risk, like the situation you just described, this could cause Child Protective Services (or your state's equivalent) to step in. She needs to be careful.

[@asa-jy9eu]

Hello my boyfriend has been locked up for 2 months they subqhoned me do you have any advice what can say for case to be dismissed

[@BiggHezzyy]

Don’t go. Simple

[@Sleepyjones3]

My girlfriend and I were extremely intoxicated and edibles were involved. She blanked out and started being aggressive I tried to calm her down. She wouldn’t and took off running I tried to catch her and the hotel security asked if she was in fear she said yes but she said she doesn’t remember what happened and she was there by herself but later gave my name. I didn’t physically intentionally harm her I was trying to calm her down she fell scratcher her knees from running in heels and they took me to jail. She never said I hit or struck her which I didn’t.

[@JamahlKersey]

You need to call an attorney to get this sorted out. Hopefully she’s on your side and is willing to help. If she can provide a favorable statement to your defense attorney’s investigator, then that would be ideal. I would try and reach out to the investigating officers or detective to try and convince them to close out your case before it even reaches the prosecutors’ office.

[@Sleepyjones3]

@@JamahlKersey definitely gonna hire an attorney I just don’t understand if her original statement she never says I touched or harmed her in any way.. but the tussle was because she insisted on driving under the influence and I wasn’t gonna let her put either of us in that position.. so she got mad snatched keys out ignition and took off running.. I mean I was mad but not to the point of I attacked her in anyway.. was tryna keep my girl from making a scene in public which she was already doing..

[@jawnmiya]

@@JamahlKersey hey i have a question. im the victim of dv but i want charges dropped, is it best for me to contact the DA myself or should i just not speak and not show up to court dates so the case can hopefully be dropped. ive been watching videos and doing research, alot of CDA's are saying different things so im confused, some even said the victim could right a letter to the DA or judge

[@uniquesworld3177]

@@jawnmiya Hi, I heard the same. Have a update?

[@iiammyalashay919]

@@uniquesworld3177same question do you have an update?

[@thecartierfamily2998]

Can I get a defense attorney for free as the victim trying to drop charges ? The victim advocate had me wrote letter on why I want case dismissed. I wrote it and got it notorized she said she is sending it to judge but I feel that will mess me up . My child’s father is the abuser and I don’t want to press charges he been in county jail for 5 months now ,this is his second offense ,ge has 4 charges now two felony two mis and those are the charges I want to be dismissed .this is his second domestic violence case I am the 2nd victim I’m unsure if it is luck in it being dismissed or him ever getting bond the arraignment is in two weeks ..praying the letter and me dropping restraining order will help ..this is in Georgia

[@JamahlKersey]

He will be assigned a public defender who will represent him at no cost to him. As far as the case getting dismissed, it certainly helps that you as the alleged victim do not want the case to move forward. The letter you wrote will likely be helpful as well. However, you just wanting the case to be dismissed is not enough for the case to just go away. You mentioned there are felony charges. Therefore, there were likely documented injuries. If there are documented injuries, such as cuts or bruises on the low end, or major lacerations and actual broken bones on the high end, then the case is not just going to be dismissed. There will be the possibility of negotiating a lesser charge perhaps. If this is his second offense, then he doesn’t have a lengthy criminal history, which is good. If there was alcohol involved, him getting into AA could be helpful. If he has anger issues, anger management would be recommended. This would look good to the DA and to the judge that he’s trying to address his issues. Reach out to his lawyer to see if there’s any additional info you can provide that will be helpful to his defense.

[@nancyarora1778]

So by putting oil on fire - people are safer?

[@RohiHabibi]

A lawyer helping women to continue getting abused and encourage her to drop charges. Wonderful. Congratulations

[@JamahlKersey]

Respectfully, I think you’ve misinterpreted what was said.

[@jonah_hosea]

You have no idea how many crazy bipolar women call the cops on their spouse and the guy is charged. Not to mention the guy is being abused on a daily basis. 🤦‍♂️

[@solombiano1038]

most of the time thw women are the aggressors and they instigate and lie to the cops thats 90% of the time

[@zackcam26]

I am in domestic violence situation with my wife because of kick her phone during video taping me and later pushing her out of my room to leave me alone.She was upset about everything and called cops just to warn me and complain pain and begged not to arrest me. But cop did it anyway. my wife want to proceed non prosecution affidavit as it is misunderstanding . I never had criminal offense and not even traffic ticket on last 10 years. What will be my best approach now?

[@JamahlKersey]

I understand. If you’re in CA, give us a call 619-399-3366 we’ve helped many people in your situation avoid charges. If you’re outside of CA, you’ve gotta find a solid defense attorney. Trying the non-prosecution affidavit thing on your own is not the wisest choice.

[@zackcam26]

@@JamahlKersey I am in tx. My attorney filed bond modification. But my family suffering in PTSD. Feeling hopeless. As cop was so ruthless! What will be case outcome??

[@JamahlKersey]

@@zackcam26 Since you have a lawyer, they’re going to be the best person to ask. They have had, or will have the luxury of reviewing the actual evidence and can offer a more concrete opinion, whereas I would be limited to generalities not having seen the evidence.

[@christychioma343]

Hello

[@edwardtaylor5411]

In michigan

[@cavirgoqueen4363]

Can you get the charge expunged

[@JamahlKersey]

Yes, but it is not automatic like other offenses. For DV charges, you have to show you deserve a dismissal "in the interests of justice." We can help with that. You're welcome to call 619-399-3366 for a free consultation.

[@darlenewells6058]

I'm sitting in the parking lot of the courr house ATM my husband is upstairs getting ready to go before the judge. I tried to tell the truth it was my fault I lied to the office because at the time I thought my husband was having an affair. During his bond hearing I got on the stand and told the true story of that day but no one would listen to me 😭💔

[@vanessanuno5210]

My next door neighbor called the cops on my boyfriend and I while we were arguing he pulled my hair and hit me a few times. I managed to get into the bathroom and lock the door I didnt hear anything thought he might have left I opened the door to cops in my living room. I didnt say anything I didnt want either of us to get arrested. My boyfriend told the cops I pushed him, the officer saw my hair a mess and a huge scratch on the back of my neck I said nothing he stated he needed to take someone in not to worry it's only a hold I volunteered due to my boyfriend having a record, thinking my clean record, the lack of evidence and him not pressing charges would help. The DA went through with the charges I'm financially dependent on my boyfriend and couldn't afford a lawyer the public defender told me just to not contest I wanted to plea not guilty. He kept telling me that I would just do classes and not have a record. I needed my record clean for the job I wanted to pursue. I wish I would have had the money to get a lawyer this ruined me.

[@edwardtaylor5411]

Help me please

[@JamahlKersey]

I’m sorry to hear about your situation. Unfortunately, I’m only licensed in California, so I can’t help. You need to reach out to a solid attorney in your city.

[@nancyarora1778]

Most idiotic law in this country on a downtrend

[@JamahlKersey]

Which part?

[@princesaofhollywood2777]

What if the alleged aggressor was a female and was never arrested.

[@JamahlKersey]

Sometimes the alleged aggressor is a female. But what do you mean by, “was never arrested”? Do you mean as in you want them to be arrested? I need more context.

[@johnnabrooke6864]

I live in Tampa Florida and my fiancé was charged with a 3 degree felony and domestic battery. I’m the alleged victim and I’m terrified but not of him! I’m terrified of the cops and judicial system. They falsely imprisoned him and they have no proof of him strangling me!! Im beyond pissed upset and all I want is him back in bed next to me. For god sakes we just moved here and I called because he scared the hell out of me during a drunken fight. I didn’t want him arrested I wanted him to snap out of it. I told the cops I didn’t want him arrested. Just wanted to calm things down. I have severe ptsd from real domestic violence and this is a f***inf joke. I never told the stupid cops he strangled me. They took it upon themselves to DESTROY OUR LIVES SO THEY CAN GET A FATTER PAYCHECK!! It’s disgusting. I am disgusted. And his friend and mother is trying to blame me. Fortunately his mother apologized because she realizes all I’m trying to do is help my husband. I can’t afford a lawyer I know nothing about Florida law and I’ve even emailed the judge directly begging her to drop all charges and release him immediately. We are supposed to get married in under a month.

[@JamahlKersey]

I'm really sorry to hear about this Johnna. I completely understand your frustration. The best thing to do would be to find the best lawyer you can to get this taken care of for your fiancé. But if that's not possible, you'll want to talk to his public defender and give them all the information they'll need to ultimately push for a dismissal. Unfortunately, trying to communicate with the judge or DA just is not going to go very far. Try and get a lot of letters of support together for your fiancé and all the positive information about him that you can. If you can get a solid statement to his lawyer, that's going to be the best thing you can do for him. I hope everything works out.

[@cobydray6468]

Did this ever get dismissed

[@johnnabrooke6864]

@@cobydray6468 actually yes it did. I haven’t checked in for a while. It was super hard but I fought every single day for his release. I learned so so much in such little time about Florida law and found loop holes. I got him out very quickly now we are pregnant!!! Yay!

[@johnnabrooke6864]

@@JamahlKersey thanks so much!

[@catalinarodriguez0306]

@@johnnabrooke6864can you tell me a little bit more about what you did please. We just had a baby 😢

[@THXx1138]

My son has been involved with a violent abuser for 2 years and was recently taken into custody himself even though she is the aggressor. Police were called by a neighbor because she was screaming and when LE arrived my son told them he was holding her down but failed to include the fact that he did this to prevent her from continuing her attack upon him. She had been drinking, had bitten him, hit him in the face multiple times, pulled his hair, continuously prevented him from leaving including threatening suicide if he did. Because my son did not tell police what led up to him having to hold her down he is now facing 1 year in jail and $5000 fine. If my son were a minor this relationship would have ended at the first sign of her abuse. But he is a young adult and I have no power to stop it. She is highly manipulative and he has become co-dependent.

[@jonah_hosea]

That’s what’s going on with me currently

[@fantakouyate2307]

What is wrong with all of you???

[@JamahlKersey]

All of who?