Legal Question in Criminal Law in Kansas
can a aggravated battery charge be dropped
If their was an incident that occurred on me as the victim and the other has a warrant for aggravated battery, a relative, with no prior criminal record, and once it happened under the influence of substances, can I have those charges dismissed against that person, when treatment is what my relative needs, more than anything. Can I have that discharged because they are seeking rehab treatment, long term.
1 Answer from Attorneys
Re: can a aggravated battery charge be dropped
A victim of a crime has no authority to drop criminal charges against a defendant. Charges are filed by the State through the State's representative in the district attorney or county attorney's office. Only the district or county attorney can dismiss a criminal case.
A victim can tell the DA that he wishes the case to be dismissed. Come DAs take the desires of the victim into account. However, many DAs do not care what the victim thinks and will prosecute the case regardless.
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