QUESTION
What does she have to do to stop the charges that she filed?
Asked on Sep 18th, 2012 on Criminal Law - Michigan
More details to this question:
I used my grandma's credit card and she had to file a police report because of it. A warrant has been issued for my arrest. Now she wants to drop charges. She wants to recant her statement and police report.
15 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
She will have to talk to the DA. If she is over 65 CA law and the DA's attitude may interfere with a dismissal, but may result in a low sentence.
Answered on Sep 28th, 2012 at 12:43 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
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. Your grandmother should also be aware that if she recants her statements in the police report, she could be charged with filing a false police report, which can lead to serious legal problems for her.
Answered on Sep 24th, 2012 at 5:39 PM
Dennis P. Mikko
The criminal charges were authorized by the prosecuting attorney after review of the police report. Your grandmother did not file and cannot file criminal charges. Only the prosecutor can dismiss the charges. Your grandmother would have to speak with the assistant prosecutor handling the case.
Answered on Sep 22nd, 2012 at 10:54 PM
Go in and admit that she was trying to teach you a lesson. She will get some rant and rave about using the legal system to teach you a lesson but the charges will be dropped, probably, and there may be fines and court costs but it should go away.
Answered on Sep 19th, 2012 at 8:06 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
There is nothing she can do.
Answered on Sep 19th, 2012 at 8:06 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
She can't drop the charges. It is up to the prosecutor. She is simply a witness to the crime you have allegedly committed.
Answered on Sep 19th, 2012 at 8:05 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Nothing she can do right now will affect the warrant. She will have to deal with the DA to recant or admit she filed a false report, which will cause her problems of her own. To handle a warrant, you must turn yourself in to the issuing court, with or without an attorney. You'll try to negotiate a recall of the warrant[s] and bail reduction or OR release. You'll try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. That's where her testimony will come into play. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could resolve this. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help in this, feel free to contact me.
Answered on Sep 19th, 2012 at 8:05 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You need an aggressive criminal defense attorney to make sure you do not go to jail. Your grandmother cannot drop the charges or stop them. That is up to the State.
Answered on Sep 19th, 2012 at 8:05 PM
Michael Paul Vollandt
Granny could get in trouble with the law if she calls the DA or police and changes her story. She is in the soup or you are - I suggest she just tell the DA or police she does not wish to go forwarded and leave it alone. If the DA dismisses it fine, if not then you need to make peace with the offense.
Answered on Sep 19th, 2012 at 8:05 PM
1 Award
A prosecutor makes the decision about whether or not to drop charges. A prosecutor may take it into consideration that your grandma wants the charges dropped, but a prosecutor can also ignore those wishes.
Answered on Sep 19th, 2012 at 8:04 PM
Sorry, it won't work. Once the report was filed the ship has sailed. Prosecutors aren't stupid, and they're trained to deal with recanting witnesses. There is no way the charges will be dropped now. You need to hire a good defense attorney.
Answered on Sep 19th, 2012 at 8:04 PM
Leonard A. Kaanta
The prosecutor is the only person who can dismiss the charges which are brought in name of the people of the state of Michigan.
Answered on Sep 19th, 2012 at 12:03 PM
Michael J. Breczinski
She can talk to the prosecutor about the matter, but it is not up to her to drop the charges. The charges are brought by the State not her. The State is the only one that can drop the charges.
Answered on Sep 19th, 2012 at 12:03 PM
Thomas Edward Gates
It is to late to do so. She can input her feelings to the court at the time of sentencing.
Answered on Sep 19th, 2012 at 12:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
She can try, but the police and prosecutor, who have now been involved are now in control.
Answered on Sep 19th, 2012 at 12:00 PM