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I put an assault charge on my friend. Now I regret it because the fight was my fault. Can I drop the charge I put on him? And how?
26 ANSWERS
Gary Moore
You ask that the charge be dismissed, but you must take care in doing so because you could be prosecuted for false swearing.
Answered on Jul 08th, 2013 at 8:50 PM
Jacob P. Sartz
I'd recommend consulting with a lawyer before you do anything. You'd have to talk to the prosecutor. A key question is why you are asking them to drop the charges. If the prosecutor believes that you filed a false police report, you may be charged with a criminal offense.
Answered on Nov 02nd, 2011 at 1:59 PM
Tell the DA handling the matter that you want to drop charges and why.
Answered on Oct 28th, 2011 at 1:21 PM
No you can't. Once the report arrives at the DA's desk, it is out of your hands.
Answered on Oct 28th, 2011 at 1:21 PM
You cannot drop the charges. Only the prosecutor can drop the charges. You should contact your friend's lawyer to see how you can help.
Answered on Oct 12th, 2011 at 2:46 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You cannot drop charges. When the prosecutor calls to discuss your feelings on the case, you can advise them. Or, you can cooperate with the defendant's attorney to try to get the case dismissed.
Answered on Oct 12th, 2011 at 1:00 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You should tell the prosecutor as soon as possible that you would like to no longer pursue the matter. However, keep in mind that it is the decision of the prosecutor alone as to who to prosecute and what cases to drop. They can technically proceed without your cooperation as you are obligated to honor subpoenas or else face jail time as punishment. Usually prosecutors will not proceed without the victim's consent, but keep in mind they can.
Answered on Oct 12th, 2011 at 12:57 PM
Criminal Defense Attorney serving New Orleans, LA
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Elizabeth B. Carpenter Law
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No, you cannot drop the charges. Once the police are called and the case is handed to the DA, you do not have the authority to decide if your friend will be prosecuted.
Answered on Oct 12th, 2011 at 11:06 AM
The decision whether to proceed with charges is the district attorney's, not yours. That being said, the district attorney may decide to dismiss the charges if you contact them and tell them your concerns and views.
Answered on Oct 11th, 2011 at 3:02 PM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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The only person who can authorized criminal charges is the prosecuting attorney. The charges resulted from a complaint to the police and after their investigation, a request for charges was sent to the prosecuting attorney. The only person who can dismiss charges is the prosecuting attorney. You could speak with the prosecutor, however, you may want to be careful if you gave false information to get the investigation started in the first place.
Answered on Oct 11th, 2011 at 1:27 PM
Theresa Suzanne Hofmeister
You don't mention if a case has been filed or not yet against your friend. You can contact the prosecuting agency, usually the District Attorney (and/or the Investigator) to convey your wish to not press charges. However, the DA can proceed in your absence, with or without your cooperation. Given your change of heart, they may be less likely to want to do that ... depending on what the police report alleges or your original story was to the police.
Answered on Oct 11th, 2011 at 10:58 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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In a criminal complaint the victim is a witness and the plaintiff as it were is the state. A prosecuting attorney represents the people of a state who have charged him with keeping the peace by prosecuting and punishing those that break the law and harm others. Having said that though, without a cooperating witness the prosecution has a difficult if not often impossible task of getting enough evidence to get a conviction of a person charged with a particular crime. If you merely recant you could expose yourself to perjury or filing a false complaint so it might be best to speak with the prosecutor and tell him/her that upon reflection you feel that you probably instigated the altercation and that he did not escalate the exchange beyond what you also engaged in.
Answered on Oct 11th, 2011 at 10:03 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Short answer: You can't. Once criminal charges are filed it's out of your control. Only the court can dismiss the case. And,generally, they will only do so when the prosecutor asks them to.
Answered on Oct 11th, 2011 at 9:10 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You can contact the prosecutor and explain what happened or you can get word to your friend that you won't show up for trial.
Answered on Oct 11th, 2011 at 1:29 AM
You are not making charges so you cannot drop them. On the complaint or charging papers it will say The People of the State of California v. (name of person charged). All that you can do is contact the D.A. and tell him that you would like him to drop the charges.
Answered on Oct 10th, 2011 at 11:12 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Refuse to testify. Best if you get a lawyer to call the DA and say you don't want to testify as your memory is very vague or you made some mistakes in the police report. Don't do this yourself. Better yet, talk to you pal's lawyer.
Answered on Oct 10th, 2011 at 10:42 PM
Michael J. Breczinski
You would have to talk to the prosecutor about this. It is not your call whether the suit should be dropped but his. However the prosecutor will probably listen to your wishes.
Answered on Oct 10th, 2011 at 6:00 PM
Samuel H. Harrison
There are very few "do-overs" in criminal law. Once the accusation is made and a warrant issues, it is the prosecutor that decides to push or drop the case. All you can do is meet with someone in the prosecutor's office and ask that they not pursue the case. If the assault really happened, they may not agree to drop the charges.
Answered on Oct 10th, 2011 at 6:00 PM
3 Awards
This is tricky because you could be charged for the assault and for lying to police - it is good that you want to be truthful, but I suggest you get an attorney to help you so that you do not get charged or that your charges are the least possible some DAs are better on this than others.
Answered on Oct 10th, 2011 at 5:04 PM
3 Awards
You can call the DA and tell them you want to drop the charges, but ultimately it is up to the DA. However, it is hard to prove a case without the main witness.
Answered on Oct 10th, 2011 at 4:55 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You do not have the ability to do so. It is entirely up to the prosecuting attorney. Apparently, the prosecutor thinks that there is enough evidence, independent of your statements alone, to justify the filing of the charges. Your wanting to drop the charges means any of the following: 1. You lied to the police, which means you filed a false police report, which means criminal charges could be brought against you. 2.Your friend did assault you, but you are having second thoughts and believe that he did not really mean it. 3. You are financially dependent upon this person and if he goes to jail, you will struggle. 4. The friend is the father of a child you share. In any of these instances, I would first wonder, is there a history of assaultive behavior? Has there been any threats or coercion to get you to change your story. If you are the only one who witnessed the assault, ask yourself what are your motives for wanting to drop the case? While you may not care about your own safety, I hope that there is not a small child at issue.
Answered on Oct 10th, 2011 at 4:29 PM
Unfortunately you can not just drop charges once they are filed. You are a witness to the event and don't have the ability to just say never mind. You can tell the prosecutor how you feel but that doesn't necessarily mean the case will be dropped. As the complaining witness, you don't carry the power to decide whether to drop charges.
Answered on Oct 10th, 2011 at 3:55 PM
2 Awards
You can go to the State Attorney's office and tell them that upon sober reflection you realize the fight was your fault and you want the charges dropped. You also contact your friend's attorney who will take a statement from you and submit it to the State. Not every time does those two steps work but generally they do.
Answered on Oct 10th, 2011 at 3:55 PM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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No, you cannot. The state brings the charges and only the state can drop the charges. You should to the prosecuting attorney.
Answered on Oct 10th, 2011 at 3:55 PM
You have to go talk to the Prosecutor. Tell him the whole story, be honest and complete.The police and the prosecutor still have the right to proceed if they have evidence that a crime was committed, but if you were the complainant and now wish to withdraw, they will usually drop the charges. Be careful with your words and actions, it can affect so many people.
Answered on Oct 10th, 2011 at 3:46 PM
You can inform the prosecutor you are not willing to testify, that you now remember the fight was your fault. You run the risk of being charged with filing a false police report. There is also the distinct possibility the prosecutor will go forward against your friend anyways. Crimes are considered to be offenses against the state. Victims are treated merely as witnesses. If the prosecutor feels there is enough evidence in the police reports and any prior statements you have previously sworn, it is very likely your friend will continue to face charges.
Answered on Oct 10th, 2011 at 3:45 PM