More details to this question:
She stated I grabbed her and broke her cell phone, she also said I put sicssors in her face and that I let her air out of her tire. I spent four days in jail waiting to goto court. I was recently told that she wants to drop the charges and does not want to pursue the matter. What's my best Intrest? And what would happen if she dropped the case? And or if she just didn't show up to court?
1 ANSWER
Criminal Defense Attorney serving Williamston, MI
at
Law Office of Robert G. Fleming
Update Your Profile
It is hard to say what is in your best interest. You state that she made these allegations, but you do not state if there is any truth to them, or if there are any witnesses.
But once the warrant has been issued and you have been arrested it is no longer up to her whether or not the charges are dismissed. That decision is entirely up to the Prosecutor. The Prosecutor may take her wishes into consideration if she advised him that she does not wish to prosecute, and the Prosecutor does not believe she is being pressured to dismiss the charges, on the other hand if there are independent witnesses, he may decide to proceed anyway.
The same applies to her appearance at court. If there are no other witnesses the Prosecutor will have to dismiss, but it is a dismissal without prejudice, so he can reinstate the charges almost anytime he likes. In addition, if she has been properly served with a subpoena, the Prosecutor may elect to seek a contempt of court warrant for her failure to appear.
Answered on Mar 11th, 2013 at 2:45 PM