How do I get charges dropped on someone if I didn’t press charges but the police department did?

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How do I get charges dropped on someone if I didn’t press charges but the police department did?

My fiancé is charged with 2 counts intimidation and driving while suspended. These are his first offenses. I didn’t press charges the police department did. Is there anyway I can help get the charges dropped? Should I talk to the prosecutor?

Asked on May 28, 2012 under Criminal Law, Indiana

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Once a person has been either arrested or cited by the police, the information obtained by the police is passed over the prosecutor or city attorney to determine if criminal charges and or a criminal warrant will issue. If charges are filed, at this point the only way charges will be dropped will be based upon prosecutorial discretion, regardless of whether or not you choose to drop the charges. I would advise you to still speak with the prosecutor and communicate your wishes to have the charges dropped and see if they will do so, although they are not obligated to do so.


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