Can I drop the charges for domestic abuse?

Question

James Edward Smith · Answer

No.

Michael Morgan · Answer

No.

Gregory Crain · Answer

Yes.

Larry Dunn · Answer

Once a crime has been committed and reported a victim does not have the   power to 'drop charges'. A prosecutor can consider a victim's wishes but only   the prosecutor has the power to dismiss the charges. The State has a strong   policy and obligation to pursue domestic abuse charges in order to protect   victims even if the victims do not wish to pursue the charges which is not   uncommon.

James Gandy · Answer

Though you may not wish to pursue the charges, it is not your choice. Criminal cases are considered public wrongs and, therefore, handled by the state.  The District Attorney chooses whether or not to pursue a case.  Because Domestic Violence can lead to more serious offenses, most D.A.'s do not drop these charges even when the victim is uncooperative or no longer wishes to pursue the matter.

Michael J. Breczinski · Answer

Only with the permission of the prosecutor. You are not the person bringing the charges. It is the government and thye can continue with the charges no matter what you say. Sometimes they will stop the charges or change what the offer is based on your wishes; but they do not have to.

Jared Altman · Answer

Maybe. The prosecutor does not have to agree. But, if you don't cooperate then they may not have a case without a confession.

Brian Wanerman · Answer

Only the D.A. can bring or drop charges. You can certainly tell the D.A. that you are not eager to prosecute. But, that's up to him.

James Schoenberger · Answer

No. Only the state can dismiss charges. Talk with the prosecutor in the case.

Francis Cowhig · Answer

The decision whether to prosecute a criminal case, or not to, is within the discretion of the District Attorney handling the case.  You can talk to the D.A. and ask that the case be dropped, but if the D.A. wishes to proceed with the case, there is very little you can do about it.

Dennis P. Mikko · Answer

Criminal charges are brought by the prosecuting attorney.  It is within the sole discretion of the prosecuting attorney to decide if charges will be brought, continued or dropped.  If you do not want charges pursued, you should speak with the assistant prosecuting attorney handling your case.  In domestic abuse cases often the prosecutor will not drop charges even if the victim does not want to pursue charges.

Ginger Adair · Answer

No, you cannot drop the charges for a domestic abuse case.  Once the charges have been filed, usually based on a police report, it is up to the City or State to determine whether charges will be filed, and if so, what they will be.  You may be called to testify, should the matter go to trial.  You can be required to testify, even against you will (*See*, Hostile Witness).  The City or State may speak with you to gain your input as to the situation and may take your comments into account when determining what will be their recommendation as to a plea.

Robert De Groot · Answer

That depends upon the local State Attorney's office. Some do, but require you to attend a class before it can be dropped. I assume you are the victim.

Dean Valente · Answer

You can certainly try but your success will depend on the judge's and prosecuting authority's willingness to permit it.

Steven Alpers · Answer

If you are the victim you can go to court and ask for the charges to be dropped. You would not be required to testify against your spouse, but you must show up in court it would be better to have a separate attorney with you.

Jennifer Leigh Gottschalk · Answer

In New Jersey, you would be able to withdraw the civil Domestic Violence case, but only the prosecutor has the authority to withdraw any criminal charges relating to that.

James Osak · Answer

Once you file a police report it's up to the prosecutor to drop the charges or not  . . . NOT you. You could even be charged with filing a FALSE police report. Think about that the next time you file any police report.

Mark Arneson · Answer

You can't drop domestic abuse charges in Minnesota. However, depending on your injuries and whether an admission was made by the person charged, the state would need to have your testimony to secure a conviction.

Nathaniel Shafer · Answer

Only the prosecutor has the power to drop charges, such as those for domestic abuse. However, if you tell the prosecutor your intentions known and make clear that you do not wish to testify, it is more likely the prosecutor will drop the charges.

Caleb Langsdale · Answer

Once you make an allegation for domestic violence, and the state or city charges the defendant, you cannot "drop the charges."  The reason is because the City or State is prosecuting the defendant in the interests of the community, you (the alleged "victim") is not actually charging and prosecuting the defendant.  However, often, a victim will recant or refuse to participate as a witness in the prosecution of the defendant.  This makes it more difficult for the state to prove its case beyond a reasonable doubt.  However, the prosecuting entity case (but often doesn't) pursue sanctions or charges against the victim for recanting under oath or not honoring a subpoena to appear in court and testify.

Joseph Dane · Answer

No, it's not up to an individual to "press" or "drop" charges.  That's up to the prosecuting agency that has jurisdiction over the case.  You can make your wishes known, but they can proceed with a case even if you don't want it to go forward.

Mark Smith · Answer

The prosecution will permit it if you belly-ache enough. If the allegations are extremely serious the prosecution will proceed with the prosecution.

Jeffrey Pollock · Answer

Yes, but due to the risk to police and to you in the future, you will   likely need an attorney to accomplish this.

Mark R. Thiessen · Answer

You can try, but the DA can still prosecute without you testifying.  So better be compelling reason to drop the charges to the DA.

Gary Russell · Answer

You can try, but the ultimate decision is up to the prosecutor in Michigan.

Jeff Yeh · Answer

No you can't, unless you happen to be the District Attorney. DA's are trained to deal with recanting witnesses in DV cases. People reconcile and make up all the time. That alone won't get the defendant anywhere. That person needs to hire a good lawyer, and that's the only way to get out of this jam.

Jon Buchholdt · Answer

That depends upon the laws of your jurisdiction regarding domestic abuse.  If you were the victim in Alaska, yes, so long as no criminal assault charges have been made.

Leonard A. Kaanta · Answer

You must talk with prosecutor, the charges are brough in the name of the of State of Michigan.

Jay P. Carmean · Answer

In Mississippi, many times it is the arresting officer that files the actual charges, not the alleged victim.  As a result, it is often up to the officer to agree to dropping the charges as well.  That being said, in my experience the judge will agree to a dismissal in the event the alleged victim requests that the charges be dropped, that there is not a history of abuse and that the parties have reconciled.

Stephen Freeborn · Answer

No, because you are not bringing the charges, the prosecutor is.  You are only the victim/witness to the criminal act of domestic abuse.

John Brennan · Answer

Sometimes, although once the charges are actually brought, dropping the is the choice of the prosecutor.

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