QUESTION
What circumstance will state drop charges on a domestic charge?
Asked on Nov 22nd, 2012 on Criminal Law - Michigan
More details to this question:
I called cops to have him leave property. The police charged him with domestic abuse. I told them that night and after that I was never hit. I never showed up to any court dates and talked to prosecuting attorney prior to court telling them I would not be because it was not an abuse situation. Will the state end up dropping charges?
6 ANSWERS
No. They will issue a warrant for your arrest eventually, when his case comes to trial and they need you to testify. He needs a good lawyer. A recanting victim will NEVER make the prosecutor budge one inch. They are trained to deal with that.
Answered on Nov 28th, 2012 at 6:54 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
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 Nov 28th, 2012 at 6:50 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
That all depends. The case could be dismissed for your failure to appear, or they could file contempt charges against you for not appearing. That can be a serious matter so do not disregard any court notices that you have been subpoenaed to appear for. The better route would be to contact the prosecutor and tell them that you wish to not pursue the matter and they may take that into consideration.
Answered on Nov 27th, 2012 at 9:59 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
The state cannot prove a case without the right evidence of the crime. It may be eventually dropped.
Answered on Nov 27th, 2012 at 8:11 AM
Michael J. Breczinski
If they have no evidence then they can't proceed with the case. If they never get you for trial then the matter will have to be dropped.
Answered on Nov 27th, 2012 at 6:42 AM
In many cases the Defendant in a domestic battery case will insist on a preliminary examination. If the victim does no appear, the case is dropped in most cases.
Answered on Nov 27th, 2012 at 6:32 AM