Can I drop charges on someone?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I drop charges on someone?

For “ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE”. I do not wish to pursue these charges any more. 

Asked on November 13, 2010 under Criminal Law, Texas

Answers:

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

Answered 13 years ago | Contributor

You can't.  Whether or not to prosecute drop charges rests with the prosecutor and not with the a victim.  What that means, is that a case may be prosecuted over your objection.  The states case would be stronger with your testimony but if there is other evidence to support the charge the case may still go forward.

However, an experienced attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for the accused. Skilled legal counsel may be able to talk the prosecutor into dismissing the charges. You should be aware though that prosecutors can be unwilling to simply drop these types of cases; they do not want offenders to think that that if they can intimidate a victim, they can get away with what they have done.

Right now, the person arrested needs to consult with a criminal law attorney ASAP.

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

Answered 13 years ago | Contributor

You can't.  Whether or not to prosecute drop charges rests with the prosecutor and not with the a victim.  What that means, is that a case may be prosecuted over your objection.  The states case would be stronger with your testimony but if there is other evidence to support the charge the case may still go forward.

However, an experienced attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for the accused. Skilled legal counsel may be able to talk the prosecutor into dismissing the charges. You should be aware though that prosecutors can be unwilling to simply drop these types of cases; they do not want offenders to think that that if they can intimidate a victim, they can get away with what they have done.

Right now, the person arrested needs to consult with a criminal law attorney ASAP.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption