QUESTION
I filed a police report on my boyfriend because he hit me how do I get the charges dropped?
Asked on Mar 13th, 2013 on Criminal Law - Massachusetts
More details to this question:
We are having a baby and this is not a regular occurrence. How do I get the charges dropped?
10 ANSWERS
John J. Carney
I answer this question at least ten times a week. You can ask his lawyer to relay your wishes to the prosecutor but you have no right or power to "drop the charges" as most women want to. You can also speak at his sentencing but he is going to have to get counseling, probation, or jail in most cases.
Answered on Mar 17th, 2013 at 10:43 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Regardless of whether it's a regular occurrence or not, it's a crime and should not be tolerated, especially if you are going to have a baby. If he gets by with it with no consequences, nothing is to stop or deter him from doing it again. That being said... In answer to your question, it is solely up to the prosecutor on whether or not to pursue charges. You can offer your input and request for them to be dismissed, but they don't have to. They can and sometimes do proceed without a victims' cooperation because if they court order you to appear and testify, you can be held in contempt if you do not.
Answered on Mar 14th, 2013 at 8:16 PM
Michael J. Breczinski
You have to talk to the prosecutor to see if this can be done.
Answered on Mar 14th, 2013 at 5:54 AM
Personal Injury Attorney serving Baton Rouge, LA
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Law Offices of Chris Cascio, LLC
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You can request that the charges be dropped. However, the DA may still decide to move forward with the charges.
Answered on Mar 14th, 2013 at 5:53 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Mar 14th, 2013 at 5:53 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Doubtful that you can. You have a boyfriend who hits you while you are pregnant... doesn't sound like much of a boyfriend. In a criminal case, whether the case is dismissed or goes forward is entirely up to the prosecutor, as it is the State that brings the charges. You are simply a victim/witness to the charges. The prosecutor is going to be especially upset, if the facts are as you represent.... hitting a pregnant woman. You say that this is "not a regular occurrence" . That is an interesting choice of words.. I interpret that to mean that he has hit you in the past, he just doesn't hit you on a regular basis. If you think stress is high now, wait until you have the baby. Not a good thing.
Answered on Mar 14th, 2013 at 5:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can speak with a prosecuting attorney, however, want to file the police report and the prosecution has begun it is no longer up to you. Additionally, your facts state that this is not a regular occurrence, if it is ever happened in the past your actions are effectively telling he has a license to repeat his abuse of you. Think about what you are doing and your future, as well as that of your child.
Answered on Mar 14th, 2013 at 5:49 AM
You can't. The moment you called the cops you began an irreversible process, and it will be itself out to conclusion.
Answered on Mar 14th, 2013 at 5:48 AM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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Get him a criminal defense attorney. An attorney may be able to talk to the district attorney and have the case dismissed.
Answered on Mar 14th, 2013 at 5:48 AM
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DA and court will not dismiss based on this reason. They will actually work harder to convict. I have represented victims in these cases in efforts to dismiss the case. There are ways to do this.
Answered on Mar 14th, 2013 at 5:48 AM