How to drop domestic violence charge?

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How to drop domestic violence charge?

My mom had a psychotic episode (she is schizophrenic) and the police arrested her domestic violence. We called in only for her to be taken to ER as her meds were not working. Can we speak to the prosecutor before the court date?

Asked on August 7, 2013 under Criminal Law, New Jersey

Answers:

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

Answered 8 years ago | Contributor

Whether or not to proceed with a criminal case is up to the state, not the victim. If there is a compelling case to be made then a prosecution can proceed, with or without a victim's consent.

That having been said, having your cooperation would be better. Speaking with the DA might be a good idea but I would first get your mother an attorney. They can best advise as to how to proceed in this matter.


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