How do I get a DA to drop a case I filed a report for?
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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 11 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.
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