How can I drop the charges telling the judge that I lied and was forced into putting out a criminal summons that I never wanted?

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How can I drop the charges telling the judge that I lied and was forced into putting out a criminal summons that I never wanted?

My boyfriend and I broke up because I took some money without asking him. He then wanted me out of the house that day. I called my parents and they told me to call the police and lie that my boyfriend physically hurt me; in fact he never touched me. My parents came and picked me up and drove me straight to the magistrate’s office; they forced my hand and made me sign a criminal summons. I’ve been trying to drop the charges but haven’t been successful at it.

Asked on February 2, 2014 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Speak with an attorney before doing anything. You filed a false report: you committed a crime as well as something that your boyfriend could sue you over. (You also committed a crime in stealing his money--that's what it  means if you "took some money without asking him.") The law does will not consider that you were "forced" unless by that you mean your parents threatened you with violence unless you did what they said--and if so, you should be pressing charges against *them.* If they did not actually use violence or the threat of violence, you were not legally "forced." Thus, you could be facing civil and criminal liability for what you did. Of  course, it will be worse the longer you wait, should it eventually come out (as it probably will), so it's likely in your interest--as well as being the right, thing to do--to admit to what happened and try to make amends; but speak with an attorney first about how best to do this to protect yourself as much as possible from the consequences.


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