What should I do if I want charges dropped on my wife? 12 Answers as of August 16, 2013

I call the cops and she got arrested. I wrote a report that she hit me and stuff but I don't want to pursue with the case. It's a misdemeanor on a couple of scratches that's all. They have pics of scratches. Should I go talk to state attorney or just not show up?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
If you are subpoenaed and do not appear then you could be put in jail yourself.
Answer Applies to: Michigan
Replied: 8/16/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. She needs a good lawyer.
Answer Applies to: California
Replied: 8/16/2013
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. As far as "not showing up" is concerned, if you are served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail. Under most circumstances, the D.A. will issue and have a subpoena served on you.
Answer Applies to: California
Replied: 8/16/2013
Rockhill Pinnick LLP | Jay Rigdon
It's not your call. If you have a subpoena, you have to show up.
Answer Applies to: Indiana
Replied: 8/15/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You should inform her attorney that you want the case dismissed and he will relay that to the prosecutor. Call a marriage counselor not the police if you cannot communicate like adults and things get violent, it is unacceptable behavior on anyone's part to get physical.
Answer Applies to: New York
Replied: 8/15/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Your best approach is to talk to the prosecuting attorney. I cannot ethically advise a person to commit a crime. Failing to honor a subpoena is technically a crime.
    Answer Applies to: Minnesota
    Replied: 8/15/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    People call the police at their own peril, because the system doesn't care what you want. If you say too much to the government, you might get yourself prosecuted for false police report. Cops are no one's friend but their own, so all should tread gingerly before calling them.
    Answer Applies to: California
    Replied: 8/15/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Not showing up is not an option.
    Answer Applies to: Georgia
    Replied: 8/15/2013
    Gates' Law, PLLC | Thomas E. Gates
    If you do not show up, there will be a bench warrant issued for your arrest. Because of the pictures and the police observation, your testimony is not necessary to convict.
    Answer Applies to: Washington
    Replied: 8/15/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Just make a request for a dismissal to the prosecutor. They may give her diversion but I doubt if they will drop it.
    Answer Applies to: Nevada
    Replied: 8/15/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If you get served you must show up. Failure to do so is a violation of the law. Doubt talking to the state's attorney will do any good. Best to get a lawyer for wife and fight the charge.
    Answer Applies to: Nebraska
    Replied: 8/15/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    You can go to the prosecuting attorney's office and ask to file an "Affidavit of Non-prosecution". This will not guarantee that charges will be dropped as it's in the discretion of the prosecutor on whether or not to proceed - but they will consider it.
    Answer Applies to: Missouri
    Replied: 8/15/2013
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