QUESTION

What can I do to drop the case? How?

Asked on Jul 30th, 2013 on Criminal Law - New York
More details to this question:
My boyfriend and I got into an argument, he said that my keys were locked in my car. I told the police he broke my windshield when honestly I did it to get my keys, so I basically filed a false report and the state picked up the case.
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6 ANSWERS

Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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You need to be careful that you do not get charged.
Answered on Aug 08th, 2013 at 8:01 PM

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Thomas Edward Gates
While you can likely get the boyfriend off, you will likely be charged with filing a false report. Also. what evidence did the state use to bring charges originally? They may not believe you and have enough to proceed without you involved.
Answered on Aug 08th, 2013 at 8:01 PM

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This is potentially a very serious issue. In Washington, falsely reporting a crime is a gross misdemeanor punishable by up to one year in jail. Additionally, you could be required to pay restitution for the costs associated with investigating the nonexistent crime you reported. Whether you are likely to be charged is primarily a matter of police and prosecutor discretion. Under some circumstances the consequences could be even more severe. You should consult with an attorney directly and immediately before doing anything further.
Answered on Aug 08th, 2013 at 8:01 PM

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There is nothing you can do. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
Answered on Aug 08th, 2013 at 8:01 PM

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Michael J. Breczinski
Well when it goes to trial and you are subpoenaed, you can plead the fifth because if you honestly testify then you will admit to a crime (False information to the police). They will not be able to convict him without your testimony.
Answered on Aug 08th, 2013 at 8:01 PM

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John J. Carney
Retain a good lawyer and tell him the truth. If you lied to get a person arrested you could go to jail. If you are lying now to save him you could get arrested. You need to have a lawyer handle this.
Answered on Aug 05th, 2013 at 9:10 AM

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