How do I withdraw a court case

UPDATED: Sep 30, 2022

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How do I withdraw a court case

I live inVa. I had a domestic dispute and the police was called. I want to withdraw the charge. The court case is set for Jan. I have a case no.

Asked on December 29, 2016 under Criminal Law, Virginia


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

Answered 5 years ago | Contributor

The decision as to whether or not to withdraw and drop a case rests with the prosecutor and not with the victim. So your case may be prosecuted even over your objection with your cooperation, if there is other strong evidence to support the charge, then the case can still go forward.  The fact is that prosecutors are typiclly unwilling to drop these types of cases, as they do not want offenders to think that they can intimidate a victim and can get away with this behavior. Additionally, you should be aware that if you are subpoenaed to testify in court, you must appear or risk being found in contempt and face possible jail time and/or fines.

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