Can my lady drop the assault charges against me? 17 Answers as of July 07, 2013

If my lady drops her charges against me for domestic assault, can I get off with no time or fines? Does she just have to call the police and say she's dropping them?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Once the police are called, the prosecutor controls the case, not your lady.
Answer Applies to: Georgia
Replied: 1/13/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
She has no ability to drop charges, although she can contact the prosecutor and let her wishes known and she can work with your lawyer to try to achieve a dismissal.
Answer Applies to: Texas
Replied: 1/9/2013
Germaine & Blaszka, P.A.
Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
In NH, people don't "press charges" against other people. "Your lady" cannot simply call the police an tell them that she is dropping them. In NH, the police investigate an incident and if they determine that someone allegedly committed a crime, they will arrest that person even if the other person "does not want to press charges." It is not up to your wife or girlfriend. The prosecutor controls how the prosecution of the case, not her. You should retain an experienced NH criminal defense attorney to represent you.
Answer Applies to: New Hampshire
Replied: 1/9/2013
Hamblin Law Office | Sally Hamblin
It is up to the prosecutor to drop the charges.
Answer Applies to: Michigan
Replied: 1/9/2013
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Once charges are filed and the suspect arrested only the prosecutor, with approval from the Court can drop the charges.? The criminal offense is not against the person who complains, it is against the peace and dignity of the state or city where the offense occurred.? Your lady could be compelled to testify against you unless she is your wife.
Answer Applies to: Alabama
Replied: 1/9/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No the charges are brought by the government not her.? She can tell the prosecutor what she wants but they do not have to do it.? You should get a lawyer and get into anger management classes now. Both of those will help your case.
    Answer Applies to: Michigan
    Replied: 1/9/2013
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Your lady will have to go to the state attorney's office and speak to someone in Victim's Assistance and tell them that she does not want to prosecute. They will ask her why and she will have to fill out an Affidavit and sign it. This does not guarantee that the state will not prosecute anyway because they can. Hope this helps answer your questions.
    Answer Applies to: Florida
    Replied: 1/9/2013
    Universal Law Group, Inc. | Francis John Cowhig
    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, she should talk with the D.A. However, the final decision will be up to the D.A.
    Answer Applies to: California
    Replied: 1/9/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No she may not. Only the prosecuting attorney and his or her deputies can file and drop charges. Individuals cannot press or drop charges. And if you are communicating with her, you are violating the no contact order issued by the court and you may be re arrested and jailed on a new charge.
    Answer Applies to: Washington
    Replied: 1/9/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your lady would have to talk to the prosecutor of your case and convince him to drop the charges. She has no power to drop criminal charges, only the DA can do that. If successful, you should have no jail time or court fees to pay.
    Answer Applies to: Illinois
    Replied: 1/4/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    I handle these type of situations daily in criminal court.
    Answer Applies to: Washington
    Replied: 7/7/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    No, she can ask, but not likely to happen. Get a lawyer and fight the charge, without her they may not be able to prove the allegation. We can offer a free initial consultation and would be happy to meet to discuss the matter.
    Answer Applies to: Nebraska
    Replied: 1/4/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Stop dreaming. Prosecutors aren't stupid, and they will NEVER drop charges simply because the victim has had a change of heart. You need a lawyer pal.
    Answer Applies to: California
    Replied: 1/8/2013
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    Your lady will need to talk with the prosecutor, usually a district attorney, and tell them that she does not want any charges against you. But the DA can still charge you with domestic violence or assault & battery even if your lady doesn't want them to. You should talk with an attorney about your case.
    Answer Applies to: California
    Replied: 1/4/2013
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Victims of criminal cases in Massachusetts, particularly domestic violence cases, do not have the power to dismiss or drop cases, only district attorney has the authority to dismiss or drop a case. Each county in Massachusetts is represented by a different district attorney. Each district attorney has a different protocol with regard to domestic violence cases. In some counties the district attorney will never force a victim to testify in a case. In other counties the victims are forced to testify. If the victim does not want to testify and so notifies the district attorney in those counties where the district attorney will not force a victim to testify, the district attorney will acknowledge that the case has to be dismissed as they have no evidence to present to the court. In those counties were the district attorney forces the victim to testify, the victim either must testify or assert some right or privilege to avoid testimony. There are two primary rights that are often asserted in these types of domestic violence cases. One is the right against self-incrimination, the Fifth Amendment right. If the victim is concerned that he or she could be charged with a crime because of his or her testimony the victim can assert his or her Fifth Amendment right to remain silent. The district attorney cannot force the victim to testify if the court accepts the victim's Fifth Amendment right to remain silent. If the victim is married to the defendant in the domestic violence case, the victim can assert his or her marital privilege, that is, the privilege not to testify against your spouse. The district attorney cannot override this privilege. In the ideal situation, if the victim intends to assert either the Fifth Amendment right to remain silent or the marital privilege, the victim should have independent representation by an attorney. The victim then has a voice in the court room asserting his or her position in the case.
    Answer Applies to: Massachusetts
    Replied: 1/8/2013
    Gates' Law, PLLC | Thomas E. Gates
    If there is evidence of the assault, the prosecutor does not need her to testify. She has no input on whether the prosecutor wishes to pursue the matter.
    Answer Applies to: Washington
    Replied: 1/4/2013
    Ascheman & Smith | Landon Ascheman
    No, she can't drop them. The prosecutor is charging you, not her, have your attorney talk to her.
    Answer Applies to: Minnesota
    Replied: 1/4/2013
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