If Ihave a warrant for trespassing but the person that put the charge on me is willing to dropit, what shouldI do and willI still have a record?

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If Ihave a warrant for trespassing but the person that put the charge on me is willing to dropit, what shouldI do and willI still have a record?

Asked on February 18, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

You have to understand that in a criminal case the parties are the State of New York against the person arrested.  The person who filed the complaint to start the action is merely a witness and has no power to drop the charges once an arrest has been made.  You need to hire an experienced criminal attorney to try and get the charges dismissed or reduced.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is an outstanding arrest warrant against you for trespassing, I suggest that you consult with a criminal defense attorney as to the best way to clear it.

Even though the person who filed a criminal report against you resulting in the filing of a criminal action wants to drop the charge, at this point, the criminal matter is entirely in the hands of the district attorney's office as to dismissing the action or not regardless of the victim's request for a dismissal.


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