How do I get a DA to drop a case I filed a report for?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I get a DA to drop a case I filed a report for?
I filed a report for grand larceny. The DA picked up the case and is charging the person with 2 felony’s. In retrospect I don’t want to pursue or proceed with this and my damages are not at all worth that harm a case like this would do to the person. I see now that it was all just a big drunken situation that got out of hand. Is there any way I can get the DA to drop this case?
Asked on April 26, 2012 under Criminal Law, New York
Answers:
Richard Southard / Law Office of Richard Southard
Answered 12 years ago | Contributor
You are not a party to the case, you are merely the complaining witness. As a result you cannot drop the charges, only the State via the DA's Office can decide to do that. You can make your feelings known to the DAs Office and to the lawyer defending the person accused of this crime and perhaps a resolution can be worked out that will make everyone happy. The DA can supboena you to testify even if you do not wish to do so.
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
You need to convey your wish not to prosecute to the D.A in which they may consider dismissing the case against the defendant. Be mindful that the prosecution can still move forward with a criminal case regardless of your wish not to prosecute if they have sufficient evidence to go forward other than your testimony alone.
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.