QUESTION

How can a person drop charges that they filed against another person?

Asked on Nov 01st, 2013 on Criminal Law - Oklahoma
More details to this question:
Say a person (A) initiates a wire fraud charge with the local police department against person (B), can person (A) have those charges dropped against person (B)? Will person (B) still be liable to answer to the initial charges with the police or detective? Person (B) was the best outcome, since 1) this is a first time offense, 2) is truly sorry and remorseful for the offense, and 3) doesn't want to pay a fine, go to jail or both.
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6 ANSWERS

Michael J. Breczinski
It is the prosecutor that has the power to drop the charges not the person who brought them. They can just talk to the prosecutor and let their feeling be known. The prosecutor often will listen.
Answered on Nov 06th, 2013 at 4:57 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Once a complaint is made it is up to the prosecutor whether or not to go forward. If the funds are replaced and there were no priors it goes a long way. Get a good attorney.
Answered on Nov 04th, 2013 at 11:02 PM

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You can't. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, over 50% of all criminal cases the parties reconcile, and prosecutors are well aware of this. A good lawyer is your only solution.
Answered on Nov 04th, 2013 at 11:02 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Once charges are filed, only the prosecutor has the ability to dismiss the charges.
Answered on Nov 04th, 2013 at 11:02 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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You should have thought about that before you initiated the criminal case. What did you think would happened? It is up to the prosecutor and prosecutor alone on whether or not to pursue or continue to pursue criminal charges. The complaining witness can ask the prosecutor to drop the charges, but the prosecutor does not have to. Although they do not like to, the prosecutor can proceed with or without your cooperation or reluctance. If you are subpoenaed to testify in court, you must honor that court order or else face contempt of court charges.
Answered on Nov 04th, 2013 at 11:01 PM

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You can make your wishes known, but once it is reported, the ultimate decision to proceed is out of your hands.
Answered on Nov 04th, 2013 at 11:00 PM

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