QUESTION
What will happen after I drop the charges against my husband when I see the DA on Monday?
Asked on Sep 28th, 2013 on Criminal Law - Michigan
8 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You cannot drop charges. It is up to the prosecutor and the prosecutor alone on whether or not to pursue charges. You can ask but the charges be dismissed and the prosecutor can take your wishes into consideration, but at the end of the day it will be his decision alone. Prosecutors often do not like to pursue cases with reluctance victims, but they can and sometimes do.
Answered on Oct 04th, 2013 at 9:52 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I assume you are talking about a domestic violence. You have no ability to drop the charges. Only the DA can do that.
Answered on Oct 01st, 2013 at 11:44 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You are assuming that the D.A. will agree to drop the charges which may or may not be the case. If the D.A. does not agree, you may be subpoenaed to testify at trial or be ordered by the court to be at every court hearing including the trial. Also, if you are the one who filed the police report and later recant your statements, you can be charged with filing a false police report which, in California, is a misdemeanor with a possible one year jail sentence.
Answered on Sep 30th, 2013 at 7:56 PM
Nothing will happen, because you won't be able to do that. 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 Sep 30th, 2013 at 1:14 PM
In a domestic violence case in California, the District Attorney will not drop the charges at the request of the victim alone. Victims recant and want to have the charges dropped for various reasons all the time. The District Attorney will evaluate the case after talking with the victim and make the decision on dropping the case or not.
Answered on Sep 30th, 2013 at 12:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is no longer your call, but the DA's. sometimes they will honor your wish to drop the charges, but more commonly not.
Answered on Sep 30th, 2013 at 11:37 AM
James Edward Smith
You can't drop charges, on the D.A. can.
Answered on Sep 30th, 2013 at 11:17 AM
Michael J. Breczinski
Well if the DA allows you to drop the charges then the case will be dismissed. The DA is in charge not you.
Answered on Sep 30th, 2013 at 8:25 AM