QUESTION

How can I drop the four charges that were filed against my boyfriend because of my intoxication?

Asked on Sep 04th, 2012 on Criminal Law - Arkansas
More details to this question:
I was intoxicated and stayed up all night partying. My boyfriend and I had split up that week and he was staying with his sister. I went over there to see if he needed anything. I got there and we started arguing. I was so intoxicated that I thought he had pushed me turns out I really tripped. He took off in our car and. After he got back, I got into my car seen that my phone in my console was broke and that my money was gone. I automatically thought he broke my phone and took my money. The next day I talked to one of my friends who said I had dropped my phone, broke it and found my money. Immediately after our fight, I went home. My dad walked up to me to see the matter. I told him what I thought what happened, so he called my big brother and the police. I told the cop the same story and my boyfriend was charged with four different charges. When I got the real story together, I had called the district attorney to drop the charges. He said I could do the paperwork but they're not dropping them.
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17 ANSWERS

Michael J. Breczinski
Well when it goes to court, testify to the truth.
Answered on Sep 12th, 2012 at 10:44 AM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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You both should take an Anger Management Course before going with separate counsel to try to withdraw the charges at the Prelim.
Answered on Sep 12th, 2012 at 10:43 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Unfortunately, you can't drop the charges. Only the District Attorney can decide whether or not to proceed with a criminal case. These are potentially serious charges. Your boyfriend needs to contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 12th, 2012 at 10:41 AM

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You will have to get an attorney to advise you. It may not be possible.
Answered on Sep 10th, 2012 at 5:41 PM

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You need to contact your ex-boyfriend's attorney.
Answered on Sep 10th, 2012 at 5:40 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You can't. You can try to convince the DA to do so, generally unsuccessfully. BUT, When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of mistake or misunderstanding about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.
Answered on Sep 10th, 2012 at 5:40 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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If the district attorney refuses to drop the charges after filling out paperwork, you should make clear what you will testify to in court. District attorneys don't like to look foolish in front of a judge or jury and if you testify that you were so drunk that you were dropping your phone and misplacing money, the district attorney will look foolish. That might encourage the DA to drop charges.
Answered on Sep 10th, 2012 at 5:39 PM

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NO. It's NOT up to you to drop any charges. The prosecutor has the final say now. Remember that the next time you call the police.
Answered on Sep 10th, 2012 at 5:39 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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That pretty much answers your question.... it is entirely up to the prosecutor. If what you are saying is true, then you can be charged with filing a false police report and perjury. These are both jailable offenses. I also view your story with a great deal of suspicion. A lot of what you say does not make much sense. I suspect that the prosecutor views your story similarly.
Answered on Sep 10th, 2012 at 5:38 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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You can't drop them. You can call his lawyer, though.
Answered on Sep 10th, 2012 at 5:37 PM

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Leonard A. Kaanta
You need to talk with an attoney.
Answered on Sep 10th, 2012 at 5:36 PM

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The ship has sailed. The moment you called the authorities it's too late. You don't get to "drop charges" unless you happen to be the DA. The prosecutors are trained to deal with recanting witnesses, because people make up all the time. Your boyfriend needs a good defense lawyer. You changing your mind about it won't help him one bit.
Answered on Sep 10th, 2012 at 5:36 PM

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Criminal Law Attorney serving San Diego, CA
The reason the DA is not dropping the charges is because he doesn't believe your second version of the story. IF your current story is true, you need to somehow convince the district attorney's office that he will lose the case if he proceeds because your boyfriend honestly did nothing wrong. You may need to hire an attorney to assist you.
Answered on Sep 10th, 2012 at 5:35 PM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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First, your boyfriend should not speak to anybody but his attorney. You could draft an affidavit with your version of what happened and give it to his attorney. Oddly, this type of things happens all the time. At the end of the day, your boyfriend should be able to get get the charges dismissed. Hope this helps.
Answered on Sep 10th, 2012 at 5:35 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You cannot drop the charges, only the state can. Make sure he has a good attorney, since you created the charges.
Answered on Sep 10th, 2012 at 5:34 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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You cannot "drop" charges, the district attorney can.
Answered on Sep 10th, 2012 at 5:33 PM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Show up and testify it was a mistake.
Answered on Sep 10th, 2012 at 5:32 PM

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