Can I drop charges against my boyfriend if I exaggerated the story? 2 Answers as of June 02, 2011Me and my boyfriend had a big fight and then I talked to my friend online and told her that he took a gun to my head and hit me in the back of the head but now she called the police and the police showed up at my residence and arrested my boyfriend. I told the police that he did put a gun to my head and he was going back with his ex and he did hit me a few other times. That is all true, but he didn't really put a gun to my head. I was upset with him because he told me that he was going back with his ex. My friend wasn't aware that I was lying and that's why she called the police. Can I drop the charges against him? Can I get in trouble for exaggerating the story?
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It is up to the prosecutor whether he wants to prosecute or not even if you want to dismiss the charges- the prosecutor can say no. Also yes you can get into trouble for lying about the gun or any other lie. if you do get charged with anything you should hire an attorney.
Answer Applies to: New York
Law Offices of John Carney | John Carney
Your summary states that you told your girlfriend an exaggerated version of a violent episode with your boyfriend. He did actually hit you a few times but he did not put a gun to your head as you told your girlfriend. Your girlfriend then called the police who showed up and you told them that your boyfriend put a gun to your head and hit you. You have committed a serious crime of making a false police report that could result in your boyfriend going to prison. You have committed a misdemeanor that could get you a year in jail. You cannot drop the charges, the police charge people with crimes and the DA decides how to handle the matter. They have the power to choose not to prosecute, reduce the charges, or take the matter to trial. You have no right or authority to drop the charges. You seem to be young and perhaps not a good decision maker. Your boyfriend is unfaithful and wants to leave you. He is violent and probably not well educated or mature. You needed sympathy or attention and lied to your girlfriend not realizing that she might very well tell someone else or call the police. Since you have lied once about something important it is difficult for me to know whether your boyfriend actually did hold a gun to your head or not. I suppose if the police did not find a gun you probably made that up to get even with him for wanting to leave you. Sometimes the police or DA threaten a victim with perjury or making a false report to get you to say that what you said was the truth if they believe you are just trying to help him by retracting your statement. Either way he will at least be charged with assault and maybe the menacing charge will be dropped. He will go to Domestic Violence Court and probably have to go to counseling Perhaps you too would benefit from some counseling. I hope that you will both learn from this incident and realize that you need to remain calm and talk things out in a non-violent mature fashion. There is an old saying, "Everybody is crazy when they are angry". Anger raises the adrenaline levels and its like throwing gasoline on a fire. I'm sure that you are both very nice, normal people who let your emotions get out of control, but if he really wants to leave you why would you try to stop him. You deserve to be with a man that adores you and who would not hit you no matter what you say or do. You must both retain experienced criminal attorneys who can negotiate a disposition that is fair and that protects you from being charged with a crime and yet informs the DA that your statement may not have been accurate. If no gun was found it will support the theory that you may have added that detail because you are trying to get even with your boyfriend.Neither of you should talk to the police or DA and you both need a different attorney. I would be happy to offer you a free consultation.
Answer Applies to: New York