What will happen if I have a disorderly conduct domestic abuse charge against me but my wife wants it dropped?

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What will happen if I have a disorderly conduct domestic abuse charge against me but my wife wants it dropped?

She cannot make the pre-trial hearing but wrote a letter explaining why she wants it dropped and had it notarized. Would that letter be enough to have the case dismissed?

Asked on July 9, 2015 under Criminal Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether or not to drop charges and prosecute a case is a decision that rests with the prosecutor and not with the a victim. In other words, ia case may be prosecuted over a victim's objection  and without their assistance. While the state's case would be stronger with their cooperation, if there is other evidence to support the charge the case may still proceed.

So even if she writes a noarized letter, prosecutors may be unwilling to simply drop a case since they do not want offenders to think that that if they can intimidate a victim, the charges will just go away..

Note: If  your wife has been subpoenaed she can't just not show up. A subpoena is a direct order from a court to appear at the place and time specified. If it is ignored, she can be held in contempt; a warrant for FTA (failure to appear) can be issued for her arrest and she can face fines and/or jail time.

 


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