You indicate that this issue arose in Massachusetts, which is the only state in which the following analysis applies. Most often the court will NOT abide by a victim's desire to "drop the charges." It is not Victim v. Defendant, it is Commonwealth v. Defendant, therefore, it is up to the Commonwealth, not the alleged victim, as to whether or not the charges are brought or "dropped". However, there are things that can be done. These cases are fact specific and there are factors that may be in play that will preclude the Commonwealth's ability to successfully prosecute the charges if they do issue. The Clerk Magistrate's job is merely to determine if a crime has been committed and if so, they are supposed to issue a Criminal Complaint. However, if it can be shown that these charges will never be successfully prosecuted, the Clerk Magistrate may deny the Application for Complaint. Your husband is in the excellent position in that if the Complaint does not issue there will be no criminal record whatsoever. It is also far cheaper to hire an attorney to argue at a Clerk's Hearing than to challenge the Criminal charges once they issue. My advice is to hire an attorney to represent your husband at the Clerk's Hearing. It is the time when you have the most to gain for the least cost. If the charges issue and he is arraigned, they will be forever on his Criminal Record, even if later the charges are dismissed.
Answered on Oct 09th, 2014 at 4:29 PM