How can I drop criminal charges? - Criminal Law Questions and Answers- LawQA.com

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How can I drop criminal charges?

I put an assault charge on my friend. Now I regret it because the fight was my fault. Can I drop the charge I put on him? And how?

Cornish, Crowley, Rockafellow, & Sartz, PLLC
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I'd recommend consulting with a lawyer before you do anything. You'd have to talk to the prosecutor. A key question is why you are asking them to drop the charges. If the prosecutor believes that you filed a false police report, you may be charged with a criminal offense.

Answer Applies to: Michigan
Replied: 11/1/2011

Answer By Dominic Greco
Greco Law Office
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If you tell the Prosecutor that you won't testify or you don't remember anything they will probably drop the charges. They may threaten to subpoena you or charge you with filing a false report but they usually will not do anything.

Answer Applies to: Michigan
Replied: 10/19/2011

Keyser Law Firm
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Whether charges move forward is not determined by you as the alleged victim but by the prosecutor's office. People often get confused with "pressing charges" and "dropping charges" from television. While you do not control the case, you do have input. I recommend contacting the prosecutor's office or the police department handling the investigation to voice your concern about not wanting the case to go forward. This will certainly be taken into consideration by the State.

Answer Applies to: Minnesota
Replied: 10/18/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Talk to his lawyer about an affidavit of non-prosecution. DO NOT use the form the cops or DA gives you.

Answer Applies to: Texas
Replied: 10/12/2011

Law Offices of Martina A. Vigil, PC
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You do not have the power to drop or bring charges against an individual. This power rests solely with the District Attorney's Office. However, you can contact the Deputy DA and recommend that your friend should not be prosecuted. Although your suggestion may have no impact on whether the DA proceeds with the criminal charges, at least he/she will understand that the fight resulted from your actions and not the actions of the defendant.

Answer Applies to: California
Replied: 10/12/2011

Edward  D. Dowling IV Attorney at Law
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You can try to talk to the prosecutor that you want the charges dropped, although the prosecutor has the discretion to drop them or prosecute against your wishes. Also if yu tell the prosecutor it was your fault you may be charged with assault and perjury.

Answer Applies to: New York
Replied: 10/12/2011

Answer By Carlos Gonzalez
Gonzalez Law Associates P.C.
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Contact the DA and his defense attorney and give them a written notarized statement that you no longer wish to cooperate with the prosecution of the case, include the lessons name and the case number if possible.

Answer Applies to: New York
Replied: 10/12/2011

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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You cannot drop charges. When the prosecutor calls to discuss your feelings on the case, you can advise them. Or, you can cooperate with the defendant's attorney to try to get the case dismissed.

Answer Applies to: Texas
Replied: 10/12/2011

Answer By Jared Austin
Austin Legal Services, PLC
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You should tell the prosecutor as soon as possible that you would like to no longer pursue the matter. However, keep in mind that it is the decision of the prosecutor alone as to who to prosecute and what cases to drop. They can technically proceed without your cooperation as you are obligated to honor subpoenas or else face jail time as punishment. Usually prosecutors will not proceed without the victim's consent, but keep in mind they can.

Answer Applies to: Michigan
Replied: 10/11/2011

Law Office of Elizabeth B. Carpenter, Esq.
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No, you cannot drop the charges. Once the police are called and the case is handed to the DA, you do not have the authority to decide if your friend will be prosecuted.

Answer Applies to: Louisiana
Replied: 10/11/2011

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