QUESTION
Can charges be dropped if the person pressing them wanted to?
Asked on Sep 06th, 2012 on Criminal Law - New Jersey
23 ANSWERS
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 3:57 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Only the District Attorney can reduced charges, drop charges or refuse to prosecute a case. If the victim or complaining witness wishes to have the criminal case dismissed, s/he should talk with the District Attorney handling the case. It will be up to the D.A. to decide whether to dismiss the case.
Answered on Sep 19th, 2012 at 8:56 PM
NOT ALWAYS. Usually NOT in DOMESTIC VIOLENCE charges. THINK about that the NEXT time you call the cops.
Answered on Sep 19th, 2012 at 8:54 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. Usually not.
Answered on Sep 18th, 2012 at 1:14 AM
Yes, but the decision rests with the state.
Answered on Sep 13th, 2012 at 5:56 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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The person pressing the charges is not the party in interest; the state is. So the DA and police have to agree with the victim to get the charges dropped.
Answered on Sep 13th, 2012 at 5:55 PM
Michael J. Breczinski
Sometimes if the prosecutor agrees. It is the State that is pressing the charges not the complainant.
Answered on Sep 13th, 2012 at 5:55 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Many crimes, yes. But, when talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of mistake or misunderstanding about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.
Answered on Sep 13th, 2012 at 5:54 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Not always. I would need more information about the case.
Answered on Sep 13th, 2012 at 5:54 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. Whether charges are dropped is ultimately up to the prosecutor. Of course if the facts are not favorable to the prosecutor, the charges will probably be dropped. The person "pressing the charges" is really only the victim/witness to the alleged criminal act. It is the prosecutor who actually "presses the charge".
Answered on Sep 13th, 2012 at 5:53 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Yes, but the DA doesn't have to drop charges just because the "victim" changes his/her mind.
Answered on Sep 13th, 2012 at 5:52 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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They can be dropped. However the da does not have to drop them and probably will not. Once a criminal charge is taken, it is the Commonwealth v. Defendant, not the plaintiff (or victim). Therefore, it is no longer up to the victim once the DA is involved. If you have a good defense lawyer, he/she should be able to use your constitutional rights and those of the complaining witness to get the charges dropped.
Answered on Sep 13th, 2012 at 5:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sometimes, but in many cases, especially domestic violence matter, on the prosecutor has filled the action they will not drop them.
Answered on Sep 13th, 2012 at 5:51 PM
Absolutely not. Prosecutors aren't stupid, they are trained to deal with recanting witnesses.
Answered on Sep 13th, 2012 at 5:51 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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The decision on whether charges get dropped or not rests with the DA. The complaining witness does not decide whether the case is going to be dismissed.
Answered on Sep 13th, 2012 at 5:51 PM
1 Award
A prosecutor makes the decision about whether or not to drop charges. Prosecutors should take consideration of the person who originally filed the police report, but some don't.
Answered on Sep 13th, 2012 at 5:50 PM
Thomas Edward Gates
No, it is up to the prosecutor if they wish to dismiss the charges.
Answered on Sep 13th, 2012 at 5:49 PM
A person can drop charges for any reason. This does not mean the state or prosecutor will drop the charges. The prosecutor may even go after the victim for filing false reports if that is the case.
Answered on Sep 13th, 2012 at 5:49 PM
Dennis P. Mikko
Criminal charges are brought by the prosecuting attorney and only the prosecuting attorney can decide to dismiss the charges. The prosecutor is not bound by the desires of the complaining person.
Answered on Sep 13th, 2012 at 5:48 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Sometimes. Depends on the nature of the charges.
Answered on Sep 13th, 2012 at 5:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It depends upon the state attorney, not the person who pressed charges.
Answered on Sep 13th, 2012 at 5:45 PM
The victim can drop the charges, but the prosecuting attorney may choose to go ahead and charge you with the crime anyway. Sometimes the prosecutor takes into account the fact that the victim does not want to press charges.
Answered on Sep 13th, 2012 at 5:41 PM
Gary Moore
It can, but the prosecutor must agree.
Answered on Sep 13th, 2012 at 5:40 PM