Can I drop a felony case that I filed against my friend and will he be criminally cleared? 24 Answers as of May 29, 2013

I reported my friend to the police because he transferred a substantial sum of money from my account to his. Can I retrieve the case I filed and have him cleared because he is on work permit here in Canada? He will pay me back.

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Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
You should contact the police dept. and its prosecutor that you wish to drop the charges. However, you should be concerned that the PD may charge you with filing a false complaint.
Answer Applies to: Rhode Island
Replied: 8/7/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
If a warrant has been issued in the case, you should talk to the prosecuting attorney about what you want to do. If not, you should talk to the detective that has been assigned to handle your complaint and let him know what you want to do and listen to what he recommends. If your "friend" has stolen from your bank account, he is not your friend. You don't say how he was able to transfer money from your account to his. If he forged documents to steal from you he is a thief and I don't understand why you would condone his conduct. What has he told you to make you want to drop the prosecution? Why are you sure that he will pay you back? If you trust him to pay you back why did he steal from you rather than ask you for a loan. The situation you are in with this "friend" does not make any sense to me. If you have been threatened and as a result of the threat you are asking the questions you have asked, you should let the police know this.
Answer Applies to: Michigan
Replied: 8/7/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No. The case is The State of Tennessee vs.
Answer Applies to: Tennessee
Replied: 8/7/2012
Alvin Lundgren | Alvin Lundgren
No. He is charged with committing a felony. The prosecutor is the one that can drop charges.
Answer Applies to: Utah
Replied: 8/6/2012
Law Office of Gregory Crain | Gregory Crain
Yes.
Answer Applies to: Arkansas
Replied: 5/29/2013
    Steven Alpers | Steven Alpers
    The decision to file or not file a criminal charge is up to the DA. If h e be pays your money back that may help his case and may result in the eventual dismissal.
    Answer Applies to: California
    Replied: 8/6/2012
    Law Office of Ismail Mohammed | Ismail Mohammed
    Because of the nature of the charges, he can actually be deported and barred for a lengthy period of time from re-entering the U.S. What he is charged with, for immigration purposes is considered a crime of moral turpitude and immigration does not take these kind of cases lightly.
    Answer Applies to: Massachusetts
    Replied: 8/3/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can request that the state dismiss the charge but you can not force them to do so. Often in property crimes the state will let you make the call. There is no harm in trying.
    Answer Applies to: Minnesota
    Replied: 8/3/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    In most states once you file criminal charges against someone it is up to the prosecutor to determine if they will go forward on the case, and if they decide not to, then they can present an order to the judge to nol pros it, assuming that the person has already been indicted.
    Answer Applies to: Mississippi
    Replied: 8/3/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Once the prosecution is commenced it becomes difficult, or impossible to stop it.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    It's NOT up to you. The prosecutor will decide your friend's fate.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Farris F. Haddad & Associates, P.C. | FARRIS F. HADDAD, ESQ.
    The power to dismiss the case a/k/a "drop the charges" against your friend lies with the prosecuting attorney. An individual "victim" cannot make the decision completely on his own to drop the charges once the investigation has started. Your first step is to contact the prosecutor's office.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    Maybe. Try first at the police station and then wherever the case has progressed to, such as prosecutor's office. Good luck. .
    Answer Applies to: Rhode Island
    Replied: 8/3/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    Its unlikely you can undo this on your own. If the prosecutor has the ball rolling he/she makes the decision to go forward based on the evidence. I would make known to the prosecutor your views on not wanting your friend prosecuted. If he has a criminal record and/or has done this before it does not bode well.
    Answer Applies to: Washington
    Replied: 8/3/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You say "here in Canada". If you are talking about a charge that was brought in Canada, you need to consult with a Canadian attorney. I have had cases that overlapped with Canadian laws and I know that the laws in Canada, in some cases, are far different than here in MA. Every state has their own laws and you need to ask someone who is licensed to practice where the charges are brought. I can tell you that in MA, you would NOT be able to drop charges, regardless of what the charges are. Once the complaint is filed, it is Commonwealth v.
    Answer Applies to: Massachusetts
    Replied: 8/3/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    You can request that the case be dropped however the prosecutor has sole discretion over whether to keep going or dismiss it.
    Answer Applies to: Utah
    Replied: 8/3/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In New Hampshire, people cannot "press" or "drop" charges against other people. Once the police have been contacted and investigate an alleged criminal offense, the State through the local prosecutor or County Attorney's Office handles the case - as a victim, you have the right to have input on the potential resolution of the case under the NH Victims' Rights Act. However, you do not have the right to dictate the direction of the case. You should contact the local prosecutor's office or County Attorney's Office to speak with the Victim/Witness Advocate in order to provide your input regarding the disposition of the case.
    Answer Applies to: New Hampshire
    Replied: 8/2/2012
    Law Office of Gregory T. Gibbs | Gregory T. Gibbs
    A criminal felony case is brought by a prosecuting attorney based on a complaint filed by a citizen. In this case you were the citizen who filed the complaint with the police, the police took your complaint to the prosecutor, and the prosecutor brought the felony charges. In Michigan, the prosecuting attorney is the person with the authority to decide whether to drop the criminal charges. He or she has the discretion to drop the charges or continue the charges regardless of whether you want to proceed because the actual criminal complaint is brought on behalf of the people of the State of Michigan and not on your behalf individually. As a practical matter a prosecuting attorney will usually go along with the party who filed the complaint if that party wishes to drop the complaint. However, the prosecutor will not drop a charge if he or she believes you are being coerced into dropping it or if you are a minor who is being unduly influenced into dropping it. The prosecutor may also refuse to drop the charges if the party charged has a record of other criminal activity. You should contact the prosecuting attorney in charge of your case and inform that prosecutor of your wish to drop the charges.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    VALENTE SCHARG & ASSOCIATES | DEAN VALENTE
    Talk to the detective and prosecutor and tell them your wishes. They may be willing to drop the matter but be careful they may demand you reimburse their offices for their costs and once dropped if he balks at reimbursement don't expect law enforcement to help.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    You can make the request to the prosecutor; however, they can still proceed with the case. They can compel you to testify through subpoena but they dont like to be embarassed by uncooperating witnesses.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Its all up to the detective if it is still under investigation or the prosecutor if charges have been filed.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Law Office of William L Spern | William Spern
    Talk to the prosecutor. They may agree if you are not willing to proceed but they can proceed as they are charged with bring all crimes to court.
    Answer Applies to: Michigan
    Replied: 8/1/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Under Michigan law the offense was not against you but "against the peace and diginity of the People of the State of Michigan. The prosecutor brought the charges and only the prosecutor can drop them.
    Answer Applies to: Michigan
    Replied: 8/1/2012
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