Can I get my simple battery charge dropped before my court date if the alleged victim denies the charge?

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Can I get my simple battery charge dropped before my court date if the alleged victim denies the charge?

I got locked up for hitting a guy but I didn’t hit him. I talked to him and he said he didn’t tell the police that I hit him. He alos said that he did not want to press charges.

Asked on February 8, 2011 under Criminal Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In this situation it may be best to let an attorney do the talking for you.  How the game is played will matter.  Make sure that he understands your position.  Some states have what is known as a preliminary hearing that forces the prosecutor to sort of make their case to the judge to allow a matter to go to trial.  If there is no complaining witness then they can not make their case.  Ask your attorney how the matter proceeds procedurally in your state and for this charge.  You need to make sure that once the case is done and the charges dropped or whatever you make an application to expunge your arrest record.  Good luck to you.


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