Can I drop the charges for domestic abuse? - Defense Law Questions and Answers- LawQA.com

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Can I drop the charges for domestic abuse?

Law Office of Michael E. Dailey
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No. The decision to file or to drop charges rests solely with the prosecutor. You may attempt to discuss the situation with the prosecutor but most will require a meeting with a domestic violence counselor or victim advocate before making a decision. Some jurisdictions have a no drop policy meaning that every case that is filed will have a disposition through court.

Answer Applies to: Missouri
Replied: 8/16/2012

Answer By Larry K. Dunn

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Once a crime has been committed and reported a victim does not have the power to 'drop charges'. A prosecutor can consider a victim's wishes but only the prosecutor has the power to dismiss the charges. The State has a strong policy and obligation to pursue domestic abuse charges in order to protect victims even if the victims do not wish to pursue the charges which is not uncommon.

Answer Applies to: Nevada
Replied: 8/16/2012

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
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No, because you are not bringing the charges, the prosecutor is. You are only the victim/witness to the criminal act of domestic abuse.

Answer Applies to: Washington
Replied: 8/15/2012

Answer By Myles Hahn III

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Discuss it with the States Attorneys Office, their victim advocate, or police department advocate if there is one.

Answer Applies to: Illinois
Replied: 8/15/2012


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Yes, but the prosecution must ultimately agree to dismiss the case.

Answer Applies to: Michigan
Replied: 8/15/2012

Law Office of Phillip Weiser
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You don't actually bring the charges, so you can't drop them. The State brings the charges and you, as a victim, are a witness for the prosecution in the case filed. So, no you can't drop the charges without the prosecutor agreeing to dismiss.

Answer Applies to: Kansas
Replied: 8/15/2012

Answer By Shawn M. Betts
Betts Legal Services
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No. The prosecutor makes the decision on whether or not to drop charges. However your wishes/requests could or should factor into their decision.

Answer Applies to: Minnesota
Replied: 8/15/2012

Law Office of Richard Williams
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No! Once you file charges only the prosecutor charged with the case can request the court to dismiss the charges. Additionally, the Judge can deny the request of the prosecutor to drop the charges. A crime for domestic violence, or any other crime, is not a crime against the iddividual who is the victim, it is a crime against the peace and dignity of the state or municipality where the charge is brought.

Answer Applies to: Alabama
Replied: 8/15/2012

Answer By Dennis P. Mikko

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Criminal charges are brought by the prosecuting attorney. It is within the sole discretion of the prosecuting attorney to decide if charges will be brought, continued or dropped. If you do not want charges pursued, you should speak with the assistant prosecuting attorney handling your case. In domestic abuse cases often the prosecutor will not drop charges even if the victim does not want to pursue charges.

Answer Applies to: Michigan
Replied: 8/15/2012


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The decision whether to prosecute a criminal case, or not to, is within the discretion of the District Attorney handling the case. You can talk to the D.A. and ask that the case be dropped, but if the D.A. wishes to proceed with the case, there is very little you can do about it.

Answer Applies to: California
Replied: 8/14/2012

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