QUESTION
Is it too late to drop the charges against my boyfriend?
Asked on Feb 06th, 2013 on Criminal Law - Colorado
More details to this question:
This is his second time facing a domestic violence charges.
11 ANSWERS
John J. Carney
Maybe you should drop the boyfriend if he has assaulted you or other women twice. The charges are not yours to drop, they are in the hands of the prosecutor. He will force you to appear in court and testify if he is interested in pursuing the case. If you lie or try to change your story the prosecutor will charge you will a crime and you will face a jail term. You should learn to date men who love and respect you, have good communications skills, and who are not violent, addicted, or unemployed.
Answered on Feb 07th, 2013 at 3:08 PM
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 Feb 07th, 2013 at 3:41 AM
James Edward Smith
Only the prosecutor can drop the charge.
Answered on Feb 06th, 2013 at 11:43 PM
Geoffrey MacLaren Yaryan
An alleged victim of a domestic violence allegation cannot "drop" the charges.
Answered on Feb 06th, 2013 at 7:46 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can never drop charges only a prosecutor can do that. You can let your desires regarding the case be known to the prosecutor and you can cooperate with his defense lawyer to help him.
Answered on Feb 06th, 2013 at 7:02 PM
Yes it is too late. Prosecutors aren't stupid, and they will NEVER drop a DV charge simply because the victim has had a change of heart. It's all about stats to them. The moment you called the cops you began an irreversible process. Your boyfriend needs a good lawyer.
Answered on Feb 06th, 2013 at 6:57 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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The decision to press or drop charges belongs to the DA, not to you. The DA will prosecute your boyfriend if they feel that they have enough evidence to do so, with or without your cooperation.
Answered on Feb 06th, 2013 at 6:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Once the complaint is made it is up to the authorities whether or not to continue the prosecution. Many times the victims, normal the women, have change of heart and therefore effectively give the perpetrator essentially a license to beat them additionally and more severely. Generally it is considered that once might be an error, but any repetition is the sign of a serial abuser who must be stopped.
Answered on Feb 06th, 2013 at 6:44 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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A citizen/"victim" does not prosecute, or "drop charges." That decision is entirely up to the DA (prosecutor). And this happens so often in domestic violence cases that there is a special code section dealing with it. So no, you cannot drop charges.
Answered on Feb 06th, 2013 at 6:26 PM
Only the prosecutor can press or drop charges. That being said, you can ask the prosecutor to drop the charges. If the prosecution insists on going forward and your boyfriend asserts his right to a trial, your testimony could play a significant role. I would have to know more facts, but the way you relate the events to the jury could cause them to believe that what happened was a disagreement between two emotional people and not domestic assault.
Answered on Feb 06th, 2013 at 6:22 PM
2 Awards
You as the victim of domestic violence cannot drop charges. Once police are called to a domestic violence situation, the state takes over the prosecution.
Answered on Feb 06th, 2013 at 6:22 PM