Will case go to court even if I have told prosecutor that I want charges dropped? 19 Answers as of March 01, 2013

My boyfriend has three felony domestic charges and one unlawful use of weapon charge. I have told the prosecutor I don't want him in jail or for them to drop charges. Prosecutor has told me they won't drop charges. The judge denied bond and case is going to another circuit. Is this case going to trial or will the prosecutor and my boyfriend’s lawyer come to an agreement?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes the case will go forward. The prosecutor is in charge, not you.
Answer Applies to: Michigan
Replied: 3/1/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You do not have the power to "drop the charges" and although you may forgive him for assaulting you the prosecutor is the one to decide what plea offer will be available or if the case must proceed to trial unless he pleads guilty to the entire indictment. You can make your wished known to the judge at the time of sentencing, but the judge may not be interested in what you have to say if it was a serious case involving an injury or a weapon. Do not try to lie to help him as many women do as you will be charged with a crime and prosecuted.
Answer Applies to: New York
Replied: 2/28/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
If the lawyers can agree on a fair sentence, and the defendant agrees, the case will not go to trial, but if no agreement can be made, he will go to trial, and you will be compelled to testify against him, as you are not the plaintiff in the case, with the right of dropping charges, the case was picked up by the state, and the prosecutor is the only one who can drop charges before trial.
Answer Applies to: Illinois
Replied: 2/27/2013
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
The prosecutors have a no drop policy in domestic and dui charges. Otherwise half the cases would be dropped.
Answer Applies to: Nevada
Replied: 2/27/2013
Springer Law Office, PLLC
Springer Law Office, PLLC | Francis Springer
The charges are not likely to be dismissed. The state generally brings the charges without the cooperation of the victim. The prosecutor and the defense attorney may come to a plea agreement, but it is not likely that the charges will simply be dismissed.
Answer Applies to: Mississippi
Replied: 2/27/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The prosecutor decides whether or not to dismiss cases. You can tell the prosecutor how you feel, but the prosecutor makes the decision.
    Answer Applies to: Texas
    Replied: 2/27/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Once the police get involved if it is a felony you cannot refused to prosecute. The state of California is the complaining party at that point, you are not in control of what happens.
    Answer Applies to: California
    Replied: 2/27/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    The prosecutor does not have to drop the charges simply because you requested it. There are lots of possibilities as to what will happen with the case. There may be a plea agreement. There may be a jury trial. The case may be dismissed. It's impossible to predict.
    Answer Applies to: California
    Replied: 2/27/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    DA not you decides whether and what to prosecute.
    Answer Applies to: California
    Replied: 2/27/2013
    Steven Dodge | Steven Dodge
    Many prosecutors won't dismiss the case even if you ask them to do so. What will happen in the end depends on who your prosecutor is and who is the assigned judge.
    Answer Applies to: Michigan
    Replied: 2/27/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    Yes, because it is not your case. You are the victim, and a witness, not a party to the criminal action.
    Answer Applies to: Utah
    Replied: 2/27/2013
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    The fact that you are trying to drop the charges may help your boyfriend. However, it is the prosecutor's discretion whether to drop the charges.
    Answer Applies to: Kansas
    Replied: 2/27/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    The prosecutor does not have to drop the charges even though you want the charges dropped. Since the prosecutor told you that they will not drop the charges and the case going to another circuit ( since you wrote circuit- is this a federal case - or did you just mean another jurisdiction of NY like another county ) you would have to talk to the prosecutor at the court where it gets sent. If charges will not be dropped maybe your boyfriend's attorney can negotiate a favorable plea bargain.
    Answer Applies to: New York
    Replied: 2/27/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course it will. Whether you want charges dropped is irrelevant. Prosecutors will never drop charges simply because the victim has had a change of heart.
    Answer Applies to: California
    Replied: 2/27/2013
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    Yes. The case can (and since it involves domestic violence, almost certainly will) go to court even if you, the victim, does not wish to prosecute. In criminal cases, the prosecutor, not the victim, decides whether to pursue a matter; they can force you to testify if necessary. As to your second question, it is impossible to answer without knowing all the facts (it would be best to speak to your boyfriend's attorney). There is no possible way that anyone here could say as to whether an agreement can be reached between the prosecutor and your boyfriend's attorney.
    Answer Applies to: California
    Replied: 2/27/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Whether the prosecution continues is entirely within the discretion of the prosecuting attorney. While the proseuctor can take your desire to not proceed into consideration, it is the prosecutor and not you that controls the final decision. As to whether there is a plea agreement, that will between the prosecutor and your boyfriend's attorney.
    Answer Applies to: Michigan
    Replied: 2/27/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No one can predict the future.
    Answer Applies to: Georgia
    Replied: 2/27/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    The case may end in a blind plea, meaning there is no agreement as to the sentence to be recommended to the Court. The case may end in an agreed plea, if the plea is accepted by the Court. The case may proceed to trial, where the result may be a conviction, or an acquittal, or a hung jury. The case may be dismissed, if the prosecution were to change its mind about the strength of its case. The latter may be unlikely based on your reports of what the prosecution has noted to you.
    Answer Applies to: Oklahoma
    Replied: 2/27/2013
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    If you gave a statement to the police and depending how serious present charges and old convictions are, case could go to trial (particularly if there is a weapon associated with the open case).
    Answer Applies to: Pennsylvania
    Replied: 2/27/2013
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