QUESTION
I am disabled, my son hit me, I filed an assault charge on him, if I ask for a dismissal and will the judge dismiss this?
Asked on Oct 18th, 2012 on Criminal Law - Georgia
More details to this question:
My son was mad at me again. He lives with his mother. He was there to get his possessions from spending the night with me, and I ask him twice to wait outdoors. Hr tried to push his way in so I pushed him twice on the shoulder back outside. He hit me in the face. I called the Police and filed an assault charge on him the next day to let him know it's not ok to hit his Father. Now I want to dismiss the case. Will the judge oblige as I requested or what do I need to do to dismiss this. I feel he has learned his lesson.
7 ANSWERS
Michael J. Breczinski
You have to talk to the prosecutor about this matter. It is not you bringing the charges, it is the government. The government is the only one that can drop the charges.
Answered on Oct 22nd, 2012 at 11:10 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Oct 19th, 2012 at 8:56 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You need to talk to the DA, not the judge.
Answered on Oct 19th, 2012 at 6:22 PM
John J. Carney
The victim has no power to "drop the charges" and should never talk to a judge except at sentencing. You can call the prosecutor and ask for leniency. You should not have pushed him and he should not have hit you. People should learn how to argue and negotiate without violence since they will get arrested if they use violence or threats.
Answered on Oct 19th, 2012 at 5:24 PM
Thomas Edward Gates
If there were visible signs of abuse, it would be hard to dismiss this case, not should it be dismissed.
Answered on Oct 19th, 2012 at 5:23 PM
No way. Prosecutors are trained to deal with recanting victims, because people make up/reconcile all the time. They will NEVER drop charges based on what you want. You need to hire a good lawyer for your son.
Answered on Oct 19th, 2012 at 5:17 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Call the victim advocate at the local state attorney's office and find out what needs to be done under these circumstances. The state may still prosecute even though you do not want to. These things can usually be resolved.
Answered on Oct 19th, 2012 at 5:15 PM