What to do if I was arrested for second degree assault against my sister but she is not pressing charges against me?

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What to do if I was arrested for second degree assault against my sister but she is not pressing charges against me?

However, the warrant for my arrest says state of “X” vs. [My Name]. What does that mean? And can my sister testify on my behalf and say she does not want to press charges and wants them dropped?

Asked on April 23, 2014 under Criminal Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What it means is that the government of  your state is pressing criminal charges against you. A crime is a crime against *the state*--you have violated society's rules--and the state controlls the prosecution and can prosecute you even if  the victim does not wish them too.

You sister can ask them to drop the charges--they may do so, but are not obligated to. If the case goes forward and they call your sister to testify, while she can put everything as sympathetically as possible to you (e.g. "he's a great brother"; "we were both made at each other and things just got a little out of hand"; "I know he'd never intend to hurt me": etc.), you has fundamentally tell the truth.  If she lies for you, she can face criminal charges, such as for perjury or obstruction of justice.


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