QUESTION
Is it possible to drop charges out of court?
Asked on May 05th, 2011 on Criminal Law - Tennessee
More details to this question:
I was involved in a domestic dispute with my current girlfriend. I called the police due to her hitting me, but on the call and when the cops spoke to me I clearly stated I didn't want to press charges and I didn't want an order of protection. I want to get all of this dropped due to the fact that this was an isolated incident. Is this possible to do out of court?
20 ANSWERS
The decision on whether to prosecute someone for a crime is solely that of the prosecuting attorney. If you wish the charges to be dropped you should speak with the prosecutor or assistant prosecutor handling the case. They do not have to respect your wishes however if they believe the prosecution should continue. If you want further information, contact us.
Answered on May 12th, 2011 at 9:15 AM
Talk with the DA. Tell them that you will not testify. They most likely drop the case.
Answered on May 09th, 2011 at 10:18 AM
Criminal Law Attorney serving Reno, NV
at
Law Office of Cotter C. Conway
Update Your Profile
Under Nevada law, a prosecutor cannot dismiss a domestic violence charge for any reason unless the charge is not supported by the evidence (i.e. cannot be proved at the time of trial). Thus, it is technically not possible for the alleged victim to "drop the charges" once the domestic violence charge has been filed in court. Your girlfriend needs to retain counsel immediately to either convince the prosecutor not to file the charge or prepare an argument to convince the prosecutor that the charge cannot be proved at trial. Contact me for a free consultation.
Answered on May 09th, 2011 at 10:12 AM
Litigation Attorney serving Kalispell, MT
at
Law Offices of Scott G. Hilderman PC
Update Your Profile
Yes; you need to contact the prosecutor. However, they may still prosecute her; it is up to the prosecutor. It is called prosecutorial discretion.
Answered on May 09th, 2011 at 9:56 AM
Personal Injury Attorney serving New Orleans, LA
at
Bloom Legal LLC
Update Your Profile
If charges have been filed and accepted by the District Attorney then there is little you can do outside of the courts. If the charges have yet to be accepted then it may be possible to request that they be dismissed.
Answered on May 09th, 2011 at 9:29 AM
Civil Practice Attorney serving Encinitas, CA
at
Law Offices of Ramona R. Hallam
Update Your Profile
Unfortunately the police will forward the case to the District Attorney who will decide whether to charge. This happens in domestic violence cases even where there is a reluctant victim. The acts are still viewed as criminal in nature and much of the time the DA will prosecute even if you don't want it.
Answered on May 06th, 2011 at 11:44 AM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
These cases take place in court, but sometimes the prosecutor will listen to a victim if they don't want to proceed.
Answered on May 06th, 2011 at 11:21 AM
No. Once the police report is written and submitted to the prosecutor, it is out of your hands. Realize that 90% of all DV cases involve a recanting witness or a witness who no longer wishes to go forward. If prosecutors backed down every time one of the above occurs, then 90% of all DV cases would be dismissed (which clearly isn't the case).
Answered on May 06th, 2011 at 11:20 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
You can talk to the prosecutor and ask them to drop the charges. They don't have to and can proceed without your cooperation because they have subpoena power, but usually they do not want to pursue such a case with a reluctant complaining witness.
Answered on May 06th, 2011 at 11:06 AM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
She needs to have a lawyer and you need a separate lawyer. Then your lawyer can call the DA and say that since there are misstatements in the police report (assuming there are - there usually are) that you will not testify and take the 5th Amendment as they can either charge you with perjury for the statements (if they believe they are a lie).
Most DAs understand that this is a boyfriend-girlfriend thing and will drop it. However if they persist in pursuing it, they have to serve you a subpoena as a witness. If they can't find you they can't serve you and they have to dismiss the case.
The reason you can't do this without a lawyer is that the DA will then start giving you a ration of crap, threatening you with contempt, telling you they will give you immunity, etc. If your lawyer calls you are insulated from all of this and your lawyer will know how to respond to the DA. Make sure you hire an experienced criminal lawyer. Her lawyer can probably recommend someone for you who will be interested in helping her out. Good luck.
Answered on May 06th, 2011 at 11:00 AM
Criminal Law Attorney serving Lancaster, NH
at
Harden Law Office
Update Your Profile
It is possible, but entirely up to the state whether charges are dropped or not. You may want to contact the prosecutor and express your desire, and unwillingness to testify. The state can drop the charges at any time. Good luck.
Answered on May 06th, 2011 at 11:00 AM
Criminal Defense Attorney serving Seattle, WA
at
The Law Office of Michael Morgan, L.L.C.
Update Your Profile
The prosecutor has the discretion to file charges and move to dismiss charges the public policy reason for not allowing victims the right to drop charges is so there is no incentive from actual batterers from pressuring actual victims into dropping charges.
Answered on May 06th, 2011 at 10:48 AM
Criminal Law Attorney serving Chicago, IL
at
Law Offices of Steven R. Decker
Update Your Profile
In most courtrooms the prosecutor would require the victim to come into court and be sworn that there were not any threats made to get the complaining witness to drop the charges. In most counties , unless there are extenuating circumstances, the charge would be dropped due to the reluctant witness not wishing to testify.
Answered on May 06th, 2011 at 10:37 AM
Kevin Michael Smith
Unfortunately, it will not be possible to "get all of this dropped" without going to court. Once an arrest has been made, the case will go to court, regardless of your desire to press charges or not. It will now be up to the prosecutor to determine how to dispose of the case; however, you as the complaining witness can certainly influence the prosecutor's decision. As a victim, you have a right to be heard, and the prosecutor will also have to factor in your unwillingness to participate in the prosecution. Typically, if the incident was minor, the case will be referred to Family Relations, who may accept the case and work out a resolution that will induce the prosecutor to enter a nolle, essentially dismissing the case so long as there are no new arrests over the next 13 months. Your girlfriend should contact an experienced criminal defense attorney to discuss the specific facts and circumstances of her case immediately.
Answered on May 06th, 2011 at 10:37 AM
2 Awards
No. Your girlfriend needs an attorney.
Answered on May 06th, 2011 at 10:25 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Once domestic violence charges are brought by calling the police, the DA generally will ignore all such pleas and excuses from the victim, and will subpoena you to hearings to prosecute the case. Many, if not most, victims are intimidated and threatened into dropping charges, so the DA policy is to protect you in spite of yourself. IF you get an attorney and he is able to convince the DA there really wasnt any violence and there is good cause to dismiss, you might get what you want.
Answered on May 06th, 2011 at 10:21 AM
Criminal Defense Attorney serving Santa Rosa, CA
at
Michael T. Lynch
Update Your Profile
Having charges dropped before any court appearance is difficult and rare in ordinary cases. The fact that this would be a Domestic Violence charge makes the chance of a dismissal even more remote. The DA is reluctant to dismiss DV cases in general out of fear of looking soft on domestic crimes. To make matters even more difficult, there are groups of watchdog groups who track these cases in an attempt to keep the DA's feet in the fire. Any victim of a crime can have input on a case, but the crime is considered to be one against the People of CA. Therefore it is the decision of the DA to prosecute or dismiss. On the other hand a prosecutor is reluctant to work any case in which it does not have a willing witness. To avoid the appearance of being soft on such crimes the DA will prepare the case and let the Court dismiss if the witness does not testify. A couple of quick points: Never ask a witness to not testify. Think twice before discussing the matter with anyone other than counsel. Contact an attorney to help you communicate with those involved. Hope this helps.
Answered on May 06th, 2011 at 10:17 AM
It is possible, but often difficult. Domestic violence cases are taken very seriously and the filing of criminal charges is not dependent on the complaining witness's desire to prosecute or not. If the prosecutor determines that there has been a law violation and the violation(s) can be proven, they will typically file charges.
Answered on May 06th, 2011 at 10:16 AM
In order to drop the charges you will have to communicate your wishes to the prosecutor. The prosecutor may require that you come to their office to speak with them or perhaps even come to court.
Answered on May 06th, 2011 at 10:14 AM
William C. Gosnell
No the case is State vs. girlfriend You are a witness. You can't drop it when you are not a party.
Answered on May 06th, 2011 at 10:14 AM