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

UPDATED: May 28, 2012

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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


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 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.

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 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.

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