Legal Question in Criminal Law in Indiana

So a few days ago, my husband and I got into a fight and I called the cops because I was mad that he broke my phone. They told me they were just going to go talk to him. They came back later and told me they put him in jail, and are charging him with a felony, and there is now a no contact order between us. I didnt want any of that to happen, they were just supposed to go talk to him. Well, now I want to be able to talk to him and work everything out, and I went to the prosecutor's office, and tried to have everything dropped, but they refused? There has to be a way to get everything thrown out, since I didn't file any charges, the police did. I want everything dropped, and the case thrown out.


Asked on 6/19/15, 9:01 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Once you report criminal conduct to the police, it is the state's decision on whether to prosecute, not yours. You do not have the authority to tell the police what to do in a situation like this. You should make sure that your husband has a good attorney. You should also contact your local women's shelter and make an appointment with them to gain some perspective on your situation.

Good luck.

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Answered on 6/24/15, 11:07 am


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