Asked by: Lansana Littman
news and politics crime

Can my girlfriend drop charges?

Last Updated: 5th May, 2020

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Your girlfriend does not have the power todrop charges. Only the state attorney can do that.However, she can make her wishes known to the state attorneyand they will make the ultimate decision on whether or notthey will prosecute

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Just so, can you drop charges against someone before court?

Though the prosecutor decides whether to dropcharges, a victim or key witness can have a significantimpact on the case. In most jurisdictions, domestic violenceis a "no tolerance" offense: prosecutors will not dropcharges, even at victim's request.

Also Know, can police press charges if victim doesn't want to? The prosecutor has the power to demand that thevictim testify by issuing a subpoena to appear at trial.If the person ignores the subpoena and does notappear or refuses to testify, the judge can issue a benchwarrant (like an arrest warrant), hold the victim incontempt and put the person in jail.

Keeping this in view, can a victim drop charges?

First, you should be clear on just who can decidewhether to drop criminal charges. It is not thevictim. The victim can choose to no longerparticipate in the case and request that charges bedropped. The prosecutor will take that into account,but is not obligated to drop thecharges.

Can assault charges be dismissed?

The prosecutor is the one who decides whether to moveforward in the case against the defendant. So, technically thevictim has no power to drop charges against an allegedaggressor because criminal charges in most states are onlybrought by members of law enforcement bodies.

Related Question Answers

Nadjet Tuhina

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How do you drop charges on someone?

You should write your reasons down in an officialDrop Charges Affidavit and bring it to the police station.Bring a photo identification and expect to pay a fee. Next, contactthe county or district attorney to discuss your wishes todrop the charges.

Maelle Odria

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What is the difference between dropped and dismissed?

In the formal legal world, a court case that isdismissed with prejudice means that it is dismissedpermanently. A case dismissed with prejudice is over anddone with, once and for all, and can't be brought back to court. Acase dismissed without prejudice means the opposite. It'snot dismissed forever.

Yongqin Yosef

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Can I withdraw a police statement?

How to change or withdraw your statement.Tell the police officer in charge of the case as soon aspossible. The police might try and talk you out of it. Ifyou want to withdraw your statement because you'reworried about giving evidence, you should tell the policehow you feel.

Jessyca Steenfatt

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Can I recant a police statement?

Recanting a Statement – When and HowCan You Recant a Statement. Anyone who gives astatement to the police may decide at any time torecant that statement. However, just because you wantto take back your statement doesn't mean that you are freeto do so without the risk of potential criminalconsequences.

Ouahiba Rycroft

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What happens if victim doesn't show up for court?

If the only witness to a crime fails toappear at a trial date, then there may be no evidence toproceed, and the case can be dismissed. A prosecutor may ask for anadjournment for good cause. Many judges will adjourn a matterif a witness does not appear.

Petko Betelu

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What is a domestic battery charge?

Domestic battery charges start with a basicassault or battery allegation. The charge is alsocalled domestic violence, domestic abuse, or assaultfamily violence. Even though very similar to a regularcriminal battery allegation, domestic battery chargescan result in more severe consequences.

Hercilia Vitrik

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Can you talk to a prosecutor before court?

Normally there is no need to talk to theprosecutor before the first court appearance.Typically there will be an opportunity to talk withthe prosecutor at the court appearance, or for yourlawyer to do so on your behalf.

Olya Wildforster

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What happens if victim refuses to testify?

If you refuse to testify, the court mayfind you in contempt of court. If you do not show up for thetrial, the court may issue a warrant for your arrest.

Kay Rott

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Is violence only physical?

Domestic violence includes behaviors thatphysically harm, arouse fear, prevent a partner from doingwhat they wish or force them to behave in ways they do not want. Itincludes the use of physical and sexual violence,threats and intimidation, emotional abuse and economicdeprivation.

Haya Morgades

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How long do the DPP have to charge you?

The time varies depending on the complexity of the case.Sometimes further information may be required from theGardaí, and this can add to the length of the process.According to the DPP booklet, if the case is straightforwarda decision is usually made within two weeks of receiving thecompleted file.

Tabitha Jakutin

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Can prosecutor drop all charges before trial?

It's worth noting that not all criminalcharges go to trial. Indeed, many charges aredropped prior to trial during negotiations betweenprosecutors and defense lawyers. But it is only theprosecutor who can drop suchcharges.

Magalis Damian

Teacher

What do das do?

The assistant district attorney (assistant DA, ADA), orstate prosecutor, is a law enforcement official who represents thestate government on behalf of the district attorney (DA) ininvestigating and prosecuting individuals alleged to have committeda crime.

Nacira Perdiguer

Teacher

What does it mean when charges are dropped?

Convicted: means you have plead or been foundguilty by a court of law. Dismissed: means the court orprosecutor has decided the charge against you should not goforward, terminating the case. No charges filed/Chargesdropped: means the prosecutor has declined to pursue thecase.

Otelia Gori

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How do you treat a hostile witness?

Process. During direct examination, if the examiningattorney who called the witness finds that their testimonyis antagonistic or contrary to the legal position of their client,the attorney may request that the judge declare the witnesshostile.

Anitz Rosnick

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Can you drop charges before court date UK?

You can't ask to drop the chargesat a later date. Once the details of the crime havebeen passed to the procurator fiscal, it's up to them to decidewhether it is in the public interest to proceed with the case ornot.

Brittani Anduaga

Reviewer

How long do police have to charge you with a crime?

The police can hold you for up to 24 hoursbefore they have to charge you with a crime or releaseyou. They can apply to hold you for up to 36 or 96hours if you're suspected of a serious crime, egmurder.

Zhelyazko Gmund

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What is required to convict a person of a crime?

Mens rea is almost always a necessary componentin order to prove that a criminal act has been committed.Mens rea varies depending on the offense. For murder, the mentalelement requires the defendant acted with "maliceaforethought".

Yordanov Kupferschmied

Reviewer

Do dropped charges stay on your record?

Even if the charges are dismissed, it doesn'tmean your criminal record is automatically wipedclean. Your criminal history won't show a convictionif the charges are dropped, but the arrest will stillbe on your record. Just because an arrest goes onyour criminal record doesn't mean it has tostay there.

Belkassem Pinsmail

Reviewer

Do victims have to testify in court?

Victims of crime, and other people whohave knowledge about the commission of a crime, are oftenrequired to testify at a trial or at other courtproceedings. The federal criminal justice system cannot functionwithout the participation of victims and witnesses. He/shehas some, but not all, of the powers of ajudge.