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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.