Can I drop charges on someone?

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Can I drop charges on someone?

For “ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE”. I do not wish to pursue these charges any more. 

Asked on November 13, 2010 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can't.  Whether or not to prosecute drop charges rests with the prosecutor and not with the a victim.  What that means, is that a case may be prosecuted over your objection.  The states case would be stronger with your testimony but if there is other evidence to support the charge the case may still go forward.

However, an experienced attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for the accused. Skilled legal counsel may be able to talk the prosecutor into dismissing the charges. You should be aware though that prosecutors can be unwilling to simply drop these types of cases; they do not want offenders to think that that if they can intimidate a victim, they can get away with what they have done.

Right now, the person arrested needs to consult with a criminal law attorney ASAP.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can't.  Whether or not to prosecute drop charges rests with the prosecutor and not with the a victim.  What that means, is that a case may be prosecuted over your objection.  The states case would be stronger with your testimony but if there is other evidence to support the charge the case may still go forward.

However, an experienced attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for the accused. Skilled legal counsel may be able to talk the prosecutor into dismissing the charges. You should be aware though that prosecutors can be unwilling to simply drop these types of cases; they do not want offenders to think that that if they can intimidate a victim, they can get away with what they have done.

Right now, the person arrested needs to consult with a criminal law attorney ASAP.


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