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

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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

Answers:

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

Answered 10 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.


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