If the city issued a warrant on someone you filed a reporton, what do you do if you don’t want topress charges?

UPDATED: Sep 8, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 8, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If the city issued a warrant on someone you filed a reporton, what do you do if you don’t want topress charges?

My boyfriend and I got into a heated argument and he hit me. Although I know it would probably never happen again and that it was only because he had gotten real upset, I went to the police station to file a report not knowing the city would take a warrant out on him. I don’t want to press charges and I spoke with someone but they say I would have to wait until he goes to court. What am I supposed to do?

Asked on September 8, 2011 under Criminal Law, Georgia


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

Answered 11 years ago | Contributor

Whether or not to prosecute a case (i.e.drop charges) is a decision that rests with the prosecutor and not with the victim. Therefore a case may be prosecuted even over a victim's objection. While the prosecutor's case would be stronger with your cooperation, if there is other evidence to support the charge the prosecutor may still decide to go forward with the case.

In fact, if you are subpoenaed to testify in court you must appear. If you fail to do so you can be held in contempt of violating a court order (because that is what a subpoena is). Additionally, when you take the stand, you cannot "plead the 5th" unless your answer would incriminate you in the crime. If you fail to answer questions you can be held in contempt of court for that as well.

At this point, you need to consult directly with a criminal law attorney in you area.  They can best advise you in this matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption