Legal Question in Criminal Law in Mississippi

Can a woman drop domestic violence charges if she filed the charges? If so, should it cost her 400+ dollars?

Asked on 8/21/12, 8:23 am

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney
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Technically she only signed an Affidavit which stated that someone assaulted her. The State (City or County) is the one who "has the charges" and only the Prosecutor can decide not to press the charges and he won't drop them simply because the woman says to do so. Who's to say the Woman wasn't told by the brutal husband/boyfriend "If you don't go drop the charges I will really show you how it feels to be beat up!!" thus this is the reason the Prosecutor says and does what he says and does.

The Court MAY allow the alleged victim to make a Motion to dismiss but can condition that upon payment of $400 in costs and expenses.. It is epidemic that Women are charging men with brutality then later either admitting it never occurred or saying it did not occur for the sake of preserving self or preserving peace in the family. Nevertheless the answer to your question is "Yes" the City can charge $400+ to allow one to "drop the charge" and as such set a precedent where the costs are expensive and next time you file some you probably won't be able to drop them at all.

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10/19/12, 4:44 pm

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