If I was charged with Criminal Mischief/Criminal Trespassing after a dispute with my girlfriend, can she speak with the prosecutor to ask that they drop the charges?

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If I was charged with Criminal Mischief/Criminal Trespassing after a dispute with my girlfriend, can she speak with the prosecutor to ask that they drop the charges?

The officer said that it was his decision to take me to jail. However, after talking to my girlfriend, she said that she does not want me the state to pursue legal action.

Asked on May 30, 2014 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

She can ask the prosecutor to drop the charges, and the prosecutor may choose to do so--and often will--but is not required to. That is because in a criminal case, the victim is not the party bringing the charges or legal action: the state is, and it is doing so to enforce its laws. Therefore, while the prosecutor may be sympathetic to the victim's request, since the state, not the victim, brings the action, the prosecutor is not obligated to follow her request and dismiss or drop the charnges.


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