QUESTION
Can I drop a felony case that I filed against my friend and will he be criminally cleared?
Asked on Jul 08th, 2012 on Expungements - Michigan
More details to this question:
I reported my friend to the police because he transferred a substantial sum of money from my account to his. Can I retrieve the case I filed and have him cleared because he is on work permit here in Canada? He will pay me back.
16 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 29th, 2013 at 1:14 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If a warrant has been issued in the case, you should talk to the prosecuting attorney about what you want to do. If not, you should talk to the detective that has been assigned to handle your complaint and let him know what you want to do and listen to what he recommends. If your "friend" has stolen from your bank account, he is not your friend. You don't say how he was able to transfer money from your account to his. If he forged documents to steal from you he is a thief and I don't understand why you would condone his conduct. What has he told you to make you want to drop the prosecution? Why are you sure that he will pay you back? If you trust him to pay you back why did he steal from you rather than ask you for a loan. The situation you are in with this "friend" does not make any sense to me. If you have been threatened and as a result of the threat you are asking the questions you have asked, you should let the police know this.
Answered on Aug 07th, 2012 at 12:53 PM
William C. Gosnell
No. The case is The State of Tennessee vs.
Answered on Aug 07th, 2012 at 12:14 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The decision to file or not file a criminal charge is up to the DA. If h e be pays your money back that may help his case and may result in the eventual dismissal.
Answered on Aug 06th, 2012 at 9:35 PM
In most states once you file criminal charges against someone it is up to the prosecutor to determine if they will go forward on the case, and if they decide not to, then they can present an order to the judge to nol pros it, assuming that the person has already been indicted.
Answered on Aug 03rd, 2012 at 3:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Once the prosecution is commenced it becomes difficult, or impossible to stop it.
Answered on Aug 03rd, 2012 at 2:57 PM
It's NOT up to you. The prosecutor will decide your friend's fate.
Answered on Aug 03rd, 2012 at 2:38 PM
The power to dismiss the case a/k/a "drop the charges" against your friend lies with the prosecuting attorney. An individual "victim" cannot make the decision completely on his own to drop the charges once the investigation has started. Your first step is to contact the prosecutor's office.
Answered on Aug 03rd, 2012 at 1:58 PM
Barbara A. Fontaine
Maybe. Try first at the police station and then wherever the case has progressed to, such as prosecutor's office. Good luck. .
Answered on Aug 03rd, 2012 at 11:35 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You say "here in Canada". If you are talking about a charge that was brought in Canada, you need to consult with a Canadian attorney. I have had cases that overlapped with Canadian laws and I know that the laws in Canada, in some cases, are far different than here in MA. Every state has their own laws and you need to ask someone who is licensed to practice where the charges are brought. I can tell you that in MA, you would NOT be able to drop charges, regardless of what the charges are. Once the complaint is filed, it is Commonwealth v.
Answered on Aug 03rd, 2012 at 11:30 AM
You can request that the case be dropped however the prosecutor has sole discretion over whether to keep going or dismiss it.
Answered on Aug 03rd, 2012 at 11:08 AM
Employment Law Attorney serving Flint, MI
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Law Office of Gregory T. Gibbs
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A criminal felony case is brought by a prosecuting attorney based on a complaint filed by a citizen. In this case you were the citizen who filed the complaint with the police, the police took your complaint to the prosecutor, and the prosecutor brought the felony charges. In Michigan, the prosecuting attorney is the person with the authority to decide whether to drop the criminal charges. He or she has the discretion to drop the charges or continue the charges regardless of whether you want to proceed because the actual criminal complaint is brought on behalf of the people of the State of Michigan and not on your behalf individually. As a practical matter a prosecuting attorney will usually go along with the party who filed the complaint if that party wishes to drop the complaint. However, the prosecutor will not drop a charge if he or she believes you are being coerced into dropping it or if you are a minor who is being unduly influenced into dropping it. The prosecutor may also refuse to drop the charges if the party charged has a record of other criminal activity. You should contact the prosecuting attorney in charge of your case and inform that prosecutor of your wish to drop the charges.
Answered on Aug 01st, 2012 at 10:43 PM
Talk to the detective and prosecutor and tell them your wishes. They may be willing to drop the matter but be careful they may demand you reimburse their offices for their costs and once dropped if he balks at reimbursement don't expect law enforcement to help.
Answered on Aug 01st, 2012 at 8:57 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Talk to the prosecutor. They may agree if you are not willing to proceed but they can proceed as they are charged with bring all crimes to court.
Answered on Aug 01st, 2012 at 8:30 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Its all up to the detective if it is still under investigation or the prosecutor if charges have been filed.
Answered on Aug 01st, 2012 at 8:28 PM
Leonard A. Kaanta
Under Michigan law the offense was not against you but "against the peace and diginity of the People of the State of Michigan. The prosecutor brought the charges and only the prosecutor can drop them.
Answered on Aug 01st, 2012 at 8:23 PM