If I got charged with DV, what can we do to get it dropped?
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If I got charged with DV, what can we do to get it dropped?
My dad and I got in a dispute. I am 18 he is mid 40’s. It started as an argument for about 5 minutes and he eventually jumped out of his bed, getting in my face yelling at me. I told him, “Get the F out of my face”. He then got as close to where our noses touched and started screaming louder. I felt cornered and I pushed him. Not aggressively but hard enough to move him a foot or so away from me. He then ran at me and we fought. The injuries were all on me. He slammed my head into a headrest, grabbed me by the neck and bit my finger. Yet he called the police saying I started the fight. I have a warrant for my arrest (domestic battery). What can we do to get this dropped?
Asked on October 20, 2012 under Criminal Law, Michigan
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Criminal cases are little harded to 'get dropped' than civil cases. In civil cases, a plaintiff can just file a motion to dismiss and the case is gone. However, in criminal cases, the final decision is with the prosecutor on whether or not to go forward. Each prosecutor's office tends to have different view points about victims dropping cases. Some will "pick up the charges" and continue with a prosecution, despite a victim's wishes. Other will take into consideration a victim's input. So the starting point should be for your dad to contact the prosecuting office to set up a meeting with the prosecutor assigned to your case. He can explain how he feels about the case and that he would not like it to go forwad. If he desires to drop the charges the prosecutor can honor his request. Instead of immediately dropping charges, some prosecutors require defendant's to participate in a diversion program whereby they complete some type of counseling to address their issues before they will drop the charges. This is usually the best way to try to get charges dropped.
In the end, however, if the prosecutor still won't drop the charges, you may have to find a criminal attorney to help you resolve the case.
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