Will case go to court even if I have told prosecutor that I want charges dropped? - Criminal Law Questions and Answers- LawQA.com

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Will case go to court even if I have told prosecutor that I want charges dropped?

My boyfriend has three felony domestic charges and one unlawful use of weapon charge. I have told the prosecutor I don't want him in jail or for them to drop charges. Prosecutor has told me they won't drop charges. The judge denied bond and case is going to another circuit. Is this case going to trial or will the prosecutor and my boyfriend’s lawyer come to an agreement?

Michael Breczinski
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Yes the case will go forward. The prosecutor is in charge, not you.

Answer Applies to: Michigan
Replied: 2/28/2013

Answer By John J. Carney
The Law Offices of John J. Carney Esq.
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You do not have the power to "drop the charges" and although you may forgive him for assaulting you the prosecutor is the one to decide what plea offer will be available or if the case must proceed to trial unless he pleads guilty to the entire indictment. You can make your wished known to the judge at the time of sentencing, but the judge may not be interested in what you have to say if it was a serious case involving an injury or a weapon. Do not try to lie to help him as many women do as you will be charged with a crime and prosecuted.

Answer Applies to: New York
Replied: 2/28/2013

Timothy J. Thill P.C.
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If the lawyers can agree on a fair sentence, and the defendant agrees, the case will not go to trial, but if no agreement can be made, he will go to trial, and you will be compelled to testify against him, as you are not the plaintiff in the case, with the right of dropping charges, the case was picked up by the state, and the prosecutor is the only one who can drop charges before trial.

Answer Applies to: Illinois
Replied: 2/27/2013

Answer By James Smith
Law Office of James E. Smith
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The prosecutors have a no drop policy in domestic and dui charges. Otherwise half the cases would be dropped.

Answer Applies to: Nevada
Replied: 2/27/2013

Springer Law Office, PLLC
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The charges are not likely to be dismissed. The state generally brings the charges without the cooperation of the victim. The prosecutor and the defense attorney may come to a plea agreement, but it is not likely that the charges will simply be dismissed.

Answer Applies to: Mississippi
Replied: 2/27/2013

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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The prosecutor decides whether or not to dismiss cases. You can tell the prosecutor how you feel, but the prosecutor makes the decision.

Answer Applies to: Texas
Replied: 2/27/2013

Law Office of Geoffrey M. Yaryan
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Once the police get involved if it is a felony you cannot refused to prosecute. The state of California is the complaining party at that point, you are not in control of what happens.

Answer Applies to: California
Replied: 2/27/2013

Answer By Jared C. Winter
Law Office of Jared C. Winter
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The prosecutor does not have to drop the charges simply because you requested it. There are lots of possibilities as to what will happen with the case. There may be a plea agreement. There may be a jury trial. The case may be dismissed. It's impossible to predict.

Answer Applies to: California
Replied: 2/27/2013

The Law Office of Harry E. Hudson, Jr.
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DA not you decides whether and what to prosecute.

Answer Applies to: California
Replied: 2/27/2013

Answer By Steven Dodge

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Many prosecutors won't dismiss the case even if you ask them to do so. What will happen in the end depends on who your prosecutor is and who is the assigned judge.

Answer Applies to: Michigan
Replied: 2/27/2013

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