What to do if the state is pressing domestic abuse and trespassing charges against someone because of a statement that I made?

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What to do if the state is pressing domestic abuse and trespassing charges against someone because of a statement that I made?

I told the police over and over that Idid not want to press charges, nor did I want to see him in any trouble. They said it’s out of my hands. I was the aggressor; I was just as guilty as him and I will state that. Who should I contact and when – the prosecutor, the judge? I cannot allow him to be in trouble for this. He’s already been charged but they have to be dropped. His record will be ruined forever because of me. What can I do?

Asked on February 9, 2013 under Criminal Law, New Jersey

Answers:

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

Answered 8 years ago | Contributor

As you are now aware, whether or not to drop a case rests with the prosecutor and not with the victim. So your case may be prosecuted even if you object. While the state's case would be stronger if you cooperated, if there is other evidence strong enough to support the charge, the case can still go forward.

What you ned to do now is to get the defendant a criminal lawyer. However, a defense attorney may be able to use the fact that you do not want to cooperate to obtain a favorable result; they may be able to talk the prosecutor into dismissing or reducing the charges. That having been said, prosecutors can be unwilling to drop such a case. They don't want offenders to think that they can intimidate victims and can get away with it.


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