QUESTION
Can a police officer go into a court the day of the trial and dismiss charges of battery and assault?
Asked on Sep 25th, 2015 on Criminal Law - New Mexico
More details to this question:
The police officer and myself were subpoenaed to court. I am the victim of battery and assault and did not give permission. But the police officer dismissed charges the day of trial. Does he have authority to do this and can I have the charges refiled? I'd like to have the police officer reprimanded also.
1 ANSWER
If it is a police-driven prosecution, he can ask the court to dismiss. I am unsure if you can refile, but check with the court clerk.
Answered on Sep 29th, 2015 at 4:41 AM