What can happen if I’m being charged with 2nd degree felony and my ex dropped the charge but the state is still trying to get me for it?

It’s my first time being arrested. What do you think could happen?

Asked on July 15, 2015 under Criminal Law, Iowa


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Whether or not to drop charges and prosecute a case is a decision that is made by the prosecutor and not with the victim. In other words, a case may be prosecuted over a victim's objection. While the state's case would be stronger with their cooperation, if there is other evidence to support the charge the case may still go forward.

The fact is that in DV cases, a prosecutors may be unwilling to drop a case; they do not want offenders to think that that if they can intimidate a victim, etc. and the charges will go away.

At this point, you need to contact a criminal defense attornyy and consult with them directly.

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