If I had my husband arrested for stealing my 2 checks and forging my name to them and cashing them, can I now drop the charges?

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If I had my husband arrested for stealing my 2 checks and forging my name to them and cashing them, can I now drop the charges?

He was arrested and charged with 3 felonies. I just wanted him to get help with his drug addiction. He is bailed out and is scheduled for a drug evaluation to go to rehab. I’d like to drop the charges so that these convictions don’t haunt him the rest of his life. If I can, how do I ask to drop the charges?

Asked on February 19, 2014 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can ask the prosecution (e.g. the district attorney) to drop the charges, but they do not have to do so: in a criminal case, the victim is not the person bringing or in control of the case, the government is; the victim (you) is the "complaining witness," not a party to the case. The prosecutor may well respect your wishes, since you were the one injured and it is your husband, but does not have to; they could continue the case without your approval or consent. It does not harm you to ask, however.


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