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When the police arrive, someone
will be arrested. Neither you nor your partner have the choice to
"drop the charges."
If you or your intimate partner called either 911 or the police,
law enforcement officers will be dispatched to the scene. When they
arrive, they will start asking questions to discover exactly what
took place. To do this, they will look at the scene for obvious
evidence (holes in the wall, broken furniture, visible injuries,
etc.), and they will most likely speak to you and your intimate
partner individually. They will ask many different questions about
the events leading to the call to the police. It is generally impossible
to talk your way out of these investigations. The best advice is
to remain silent, except for asserting your right to an attorney.
When
the police are contacted regarding a domestic dispute, they MUST
make an arrest. Someone will go to jail. They do not need a warrant,
and neither party involved in the dispute has the right to drop
the charges. Once the police are involved, the prosecutor is the
only person who can decide whether or not to press charges. This
means that your partner has no right to “drop” charges.
No matter what happened, someone will be arrested.
In addition to making an arrest, the police may try to remove
all firearms from the home. It is generally unwise to admit or deny
that there are firearms in the home. Silence remains the best policy,
except for insisting upon a criminal
defense lawyer.
Law enforcement will also offer information to your intimate partner
regarding restraining orders. Please remain silent throughout this
process. The less information you offer to the police, the better.
The police will try to get you and your partner to make confessions
and admissions. Assert your right to remain silent. Do not reveal
anything to the officers. Simply request an attorney and say no
more, even if it means you are arrested. |