How can an assault charge be dropped? 24 Answers as of June 13, 2013Son & 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.
Lapin Law Offices | Jeffrey Lapin
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.
Answer Applies to: Nebraska
Gregory Casale Attorney at Law | Gregory Casale
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.
Answer Applies to: Massachusetts
Mosley, Engelman & Jones, LLP | Britany M. Engelman
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.
Answer Applies to: California
Law Office of William L Spern | William Spern
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.
Answer Applies to: Michigan
Ewusiak & Roberts, P.A. | Christopher J. Roberts
This is a very common situation, and the outcome varies a lot with who is prosecuting. As a general rule, it doesn?t matter if the person who made the complaint later changes her (or his) mind and drops the charges. Once things are set in motion, it is difficult to stop. The best thing for your son to do would be to hire a lawyer who does criminal defense. A lawyer could probably help get your son into what is known as the ?diversion? program, which basically required him to take anger management or similar classes, after which the charges are dropped. In some cases, the lawyer may even convince the prosecutor to drop charges. The other option is go to trial and defend the charges, but the problem there is that ?assault? is extremely broad. You can be convicted for basically any touching at all (pushing, poking, slapping, etc). Slapping a phone out of her hand may be enough under the law.
Answer Applies to: Florida
Dennis P. Mikko Attorney at Law | 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.
Answer Applies to: Michigan
Andrew T. Velonis, P.C. | Andrew Velonis
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.
Answer Applies to: New York
Jules D'Alessandro | Jules D'Alessandro
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.
Answer Applies to: Rhode Island