Is it too late to drop the charges against my boyfriend? 13 Answers as of February 07, 2013

This is his second time facing a domestic violence charges.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Maybe you should drop the boyfriend if he has assaulted you or other women twice. The charges are not yours to drop, they are in the hands of the prosecutor. He will force you to appear in court and testify if he is interested in pursuing the case. If you lie or try to change your story the prosecutor will charge you will a crime and you will face a jail term. You should learn to date men who love and respect you, have good communications skills, and who are not violent, addicted, or unemployed.
Answer Applies to: New York
Replied: 2/7/2013
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, he/she should talk with the D.A. However, the final decision will be up to the D.A.
Answer Applies to: California
Replied: 2/7/2013
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Only the prosecutor can drop the charge.
Answer Applies to: Nevada
Replied: 2/6/2013
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
An alleged victim of a domestic violence allegation cannot "drop" the charges.
Answer Applies to: California
Replied: 2/6/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
It was too late to drop them when you decided to file charges in the first place. You have no right to drop the charges, as the people of the state are party plaintiff and their lawyer, the prosecutor, is the only party vested with the power to drop the charges.
Answer Applies to: Illinois
Replied: 2/6/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You can never drop charges only a prosecutor can do that. You can let your desires regarding the case be known to the prosecutor and you can cooperate with his defense lawyer to help him.
    Answer Applies to: Texas
    Replied: 2/6/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes it is too late. Prosecutors aren't stupid, and they will NEVER drop a DV charge simply because the victim has had a change of heart. It's all about stats to them. The moment you called the cops you began an irreversible process. Your boyfriend needs a good lawyer.
    Answer Applies to: California
    Replied: 2/6/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    The decision to press or drop charges belongs to the DA, not to you. The DA will prosecute your boyfriend if they feel that they have enough evidence to do so, with or without your cooperation.
    Answer Applies to: California
    Replied: 2/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Once the complaint is made it is up to the authorities whether or not to continue the prosecution. Many times the victims, normal the women, have change of heart and therefore effectively give the perpetrator essentially a license to beat them additionally and more severely. Generally it is considered that once might be an error, but any repetition is the sign of a serial abuser who must be stopped.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    A citizen/"victim" does not prosecute, or "drop charges." That decision is entirely up to the DA (prosecutor). And this happens so often in domestic violence cases that there is a special code section dealing with it. So no, you cannot drop charges.
    Answer Applies to: California
    Replied: 2/6/2013
    Toivonen Law Office | John Toivonen
    Only the prosecutor can press or drop charges. That being said, you can ask the prosecutor to drop the charges. If the prosecution insists on going forward and your boyfriend asserts his right to a trial, your testimony could play a significant role. I would have to know more facts, but the way you relate the events to the jury could cause them to believe that what happened was a disagreement between two emotional people and not domestic assault.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Law Office of Kevin C. Flesch | Lori Beck
    You as the victim of domestic violence cannot drop charges. Once police are called to a domestic violence situation, the state takes over the prosecution.
    Answer Applies to: Colorado
    Replied: 2/6/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney