More details to this question:
Son & girl friend got into argument. He slapped the phone out of her hand, and in the heat of the moment girl friend called the cop after son left and came home. She took out warrant on son. They charged him with assault on female. They were upset for a few days and now are back together. They went to court and asked for a continuance. Son was told he needs to get lawyer or he would have to plead guilty and could possibly get a year probation. Girl Friend asked to drop charges but was told that it was too late.
19 ANSWERS
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Son has to hire a lawyer.
Answered on Jun 13th, 2013 at 2:55 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Although your Question may involve an "injury," which is not clear from the information you provide, what you are really asking is whether, and if they can, how, criminal charges can be dropped. Questions involving criminal law are outside of the scope of the "Injury" Category/ Law Area and the areas of law in which I practice. As such, I cannot provide an answer to your question. I would suggest re-asking your question and list "Criminal" or "Criminal Defense" as the Category.
Answered on Aug 29th, 2012 at 11:32 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced attorney.
Answered on Aug 27th, 2012 at 4:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Only the state can drop the charges. She is the victim, and she is entitled to have her wishes taken into consideration, but it is still up to the state. He should get an attorney.
Answered on Aug 26th, 2012 at 11:16 PM
YOU CANNOT DROP THE CHARGES. The state is the witness against son. They will NOT drop the charges. Have son hire an attorney.
Answered on Aug 26th, 2012 at 11:15 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
Once the city/state decides to prosecute it is out of an individual's hands whether to drop it or not. She can refuse to testify against the defendant, this would hinder the DA's case and he/she may decide to drop it.
Answered on Aug 26th, 2012 at 11:14 PM
Domestic violence charges are usually not dropped after they are filed (there were too many cases of wifebeaters coercing their spouses into dropping charges). Your son should get a lawyer.
Answered on Aug 26th, 2012 at 11:14 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Unfortunately, once the police are called and charges are brought, it is out of the victim's control as to whether or not the charges are dropped. It is not Victim v. Defendant, it is Commonwealth v. Defendant. Certainly there are things that a defense attorney can do to protect the Constitutional rights of the defendant and most likely get the charges dismissed. Unfortunately, without this legal protection, your son could end up with a conviction. I have handled hundreds of these cases and have gotten the charges dropped. Speak with a good Criminal Defense lawyer that practices in the are where your son is charged. He/she should be able to get the right disposition for your son.
Answered on Aug 26th, 2012 at 11:14 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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A prosecutor can bring charges based on what evidence and statement were made. The girl friend will be subpoenaed to testify of what occurred. Unless the girl friend fails to appear, sounds like they have a good case of domestic violence. Get an attorney and try to get a plea to a an attempted or a lesser charge.
Answered on Aug 26th, 2012 at 11:13 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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She should insist the prosecutor drop the charges.
Answered on Aug 26th, 2012 at 11:13 PM
Dennis P. Mikko
Telling your son he should obtain a lawyer is sound advise. He can represent himself but is at a great disadvantage. He does not have to plead guilty if he does not have a lawyer. Criminal charges are not brought by a private citizen. They are brought in the name of the People of the State of Michigan by the prosecuting attorney. Only the prosecuting attorney can decide to dismiss charges once he has authorized them. In a domestic violence situation the prosecutor is often reluctant to dismiss the charges even if the victim does not want to follow through. Your son will probably have to take the matter to trial if he hopes for an acquittal.
Answered on Aug 26th, 2012 at 11:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This is not unusual. Your son needs an attorney now. He is about to potentially get a record which will follow him for the rest of his life.
Answered on Aug 26th, 2012 at 11:12 PM
1 Award
She can execute an affidavit that she requests the charges be dropped and will not testify at a trial of the matter.
Answered on Aug 26th, 2012 at 11:12 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
The court and prosecutor are worried that perhaps your son is influencing or possibly threatening his girlfriend to drop the charges. They want a lawyer present to make sure this is not in fact happening. Your son needs to get a lawyer. In addition a no contact order was issued against your son. If the court or the police find out they are "together" your son will be charged with the additional crime of violating a no contact order.
Answered on Aug 26th, 2012 at 11:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Historically, victims of domestic violence have been intimidated into withdrawing charges, so a District Attorney's office can continue to press a case even without the victim's consent. Yes, of course the son was told he needs a lawyer. He does. It's like telling a football player he needs a helmet, it's that obvious. Your son is being charged with a crime, this is nothing to take lightly. The girlfriend can offer to come in to the laywer's office and sign an affidavit expressing regret and requesting withdrawal of charges. Unless he has a record of violent offenses, they they may reduce the charges and issue an Adjournment in Contemplation of Dismissal, which will make the whole thing go away.
Answered on Aug 26th, 2012 at 11:11 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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In domestic violence cases, it is common for the victim to later ask that charges be dismissed. Prosecutors are always reluctant to do so. You should retain counsel for your son.
Answered on Aug 26th, 2012 at 11:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Usually the DA will drop charges if witnesses ask but that is the DA call. Get a lawyer and let him try to persuade the DA.
Answered on Aug 26th, 2012 at 11:09 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Absolutely correct. The prosecutor presses the charges regardless of the victims wishes. Get a lawyer now.
Answered on Aug 26th, 2012 at 11:09 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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What kind of man slaps a woman? He should plead guilty and watch himself. Next time is jail time.
Answered on Aug 24th, 2012 at 10:59 AM