If 2 parents initially press charges against their adult son for a nonviolent crime, do they have the right to drop the charges so that the child will not be charged or arrested?

Asked on August 9, 2013 under Criminal Law, Kentucky


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

Answered 7 years ago | Contributor

Whether or not to press charges is not up to the victim; it is up to the state. If the prosecutor feels that there is enough other evidence to support a convition they may choose to go forward with the case; if not they won't. That having been said, it would obviouslly be preferable to have the victim's cooperation.

At this point, you should consult with a criminal law attorney regarding all of this. Let them go over the details of the case and then they can best advise as to just what to do from there.

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