How can I drop a charge for a DV against my boyfirend. that shouldn’t of been charged, cause he never touched me

Asked on July 5, 2009 under Criminal Law, Washington


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am not an attorney in your state and each state operates differently. However, normally, once someone is arrested and arraigned, it is not up to the complaining witness as to whether the charges are dropped. The district Attorney is the only one who can drop the charges. The risk you run is if you push them to drop the charges, they are going to want to know why. If the charges were based on your statement and you are now recanting this statement, you could be subject to perjury. The best thing to do in this case is nothing. What I mean by that is refuse to cooperate with the District attorney. Your boyfriend has a right to a speedy trial. He and his attorney can ask for a quick trial and when you fail to show up and you are the only witness, eventually the charges  will be dropped.  The time frame is different for each state. I suggest you consult an attorney in your area for the exact details but you should not talk to the DA until speaking to an attorney.

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