My boyfriend is facing prison for a spat we got in my daughter called the police cus he threw a can at my leg. yes it was wrong but not as b...

Question

My boyfriend is facing prison for a spat we got in my daughter called the police cus he threw a can at my leg. yes it was wrong but not as bad as seemed my daughter dosnt like him so was looking for any way to get him she kinda mean that way anyway can i have charges droped we havew a 3 yr restraining order i know he wont violate just dont think he deserves to go to prison

Answer

I am not clear where you are in the court process. The answer for the question I think you're asking is - the state (the District Attorney's office) can "take over" and prosecute anyway even if the alleged victim, or witness, changes her story and/or recants her testimony.

Anyone's advice would be to get a good attorney. Find one who regularly practices in the court in which the case is being heard, will be heard or has been heard. Good luck!

Answer

Police don't arrest and charge people for a 'spat'. They do so upon victim complaints and evidence of assault, battery and violence. Once you called the police, someone was going to jail, and someone was going to be charged with a crime. That is what happened. That is firm policy for police and prosecutors and courts. They ignore the tearful victim later pleading for their lovely kind gentle spouse who wouldn't hurt a fly. They tired years ago of dropping charges because of such pleas, only to regularly discover the victim was subsequently beaten to a pulp or killed by that same lovely kind gentle spouse. That is what too frequently happens. The prosecutor is going to seek conviction regardless of your change of mind. Hire him a good attorney if you want to help him try to avoid prison. If serious about doing so, and you want counsel experienced in this, feel free to contact me.