How canI drop simple assault and malicious damage charges?
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How canI drop simple assault and malicious damage charges?
I really need to drop charges from over a year ago. I filed them on my boyfriend with whom I was angry at the time; since then he has paid for the damages and has repaired them. Also, it was a big argument with a lot of people around and I can’t be positive that the hit was intentional and it was completely out of character for him. I may have acted irrationally when pressing charges. I am now pregnant by him and really need advice on how best to fix the situation. He just went to jail for it yesterday so I want to know what I need to do before the court date?
Asked on November 30, 2011 under Criminal Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to understand something, whether or not to drop a case rests with the prosecutor and not with the victim. So your case may be prosecuted even over your objections. While the state's case would be stronger if you cooperated, if there is other strong evidence to support the charge, it can still go forward.
However, an skilled criminal defense attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result for your boyfriend. They may even be able to talk the prosecutor into dismissing or reducing the charges. That having been said, prosecutors can be unwilling to drop these types of cases. They do not want offenders to think that they can intimidate a victim and can get away with such an offense. If you change your story now, you potentially open yourself up to a charge of filing a false police report.
Note: You should also be aware that if you are subpoenaed to testify at trial (if there is one), you must appear or risk being found in contempt of court.
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