Can I dismiss charges if I am the victim?

Once the state has a criminal complaint or indictment, then it is no longer the victim but the state that is prosecuting the defendant. In minor cases, the prosecutor will often act on the request of the complaining witness if they seek to dismiss a charge and there is no sign that the person was coerced or forced into seeking a dismissal. However, this sounds quite serious if they are looking to hit your fiance with 10 years in prison. So, the only issue they may have is the fact that the witness that they would need, namely yourself is not a cooperating witness. However, if they have other witnesses or other evidence to support the charge, or a confession by your fiance, they can get around that problem. Sometimes prosecutors may even try and compel a non-cooperating witness to testify. It is possible that the attorney for your fiance (I presume he has one) would want to know your position, but again, if you gave a statement to the police, the prosecutor can certainly challenge you if you gave one account at the time the charges were filed and a different account at trial. Sorry about your problem.

You should work with your boyfriend's attorney or his Public Defender to mitigate the circumstances. I would need to know the facts behind the Robbery and Theft. How much was taken and how ? The money could be returned or repaid to the victim. We work out these situations all the time. Ed Dimon 732-797-1600