QUESTION

Can I withdraw from my criminal complaint (regardless of the offense type/category) so that the perpetrator may not be further prosecuted?

Asked on Mar 02nd, 2017 on Criminal Law - New Jersey
More details to this question:
Are there any limitations when you wish to withdraw? For instance, is it true that for some offenses withdrawal of the criminal complaint may not prohibit the d.a. from moving forward?
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1 ANSWER

Anthony Van Zwaren
A criminal complaint is undertaken by the State, even if you were the person who initially filed the complaint. In order to withdraw the complaint, you will really have to discuss the matter with the prosecutor. Obviously, if you do not wish to cooperate, the prosecutor may decide to dismiss, however, it often happens that the state can proceed with or without your complaint, if there are other means to prove the case, and the case warrants pursuit. The prosecutor (and judge as well) may also want to know why you wish to dismiss to make sure you are doing it voluntarily and not under any threat or compulsion.
Answered on Mar 13th, 2017 at 10:55 AM

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