Legal Question in Criminal Law in New York

Help, I don't know what to do!

If I pressed charges on someone and in a domestic violence case and I want the charges dropped is it better to attend the preliminary hearing or not to attend?


Asked on 9/27/08, 7:51 pm

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Help, I don't know what to do!

There are various ways to go about this.

1. You may sign a do not prosecute form, asking the DA not to prosecute and contact the defense attorney and give them a copy of it as well.

2. You may contact the defense attorney and tell them you do not want to go forward with the case, and will sign documents saying this.

3. If you have not signed a corroborating statement with the DA's office then you may simply refrain from signing such a document and the case will eventually be dismissed on its own.

4. When the time for trial comes around you can also simply refuse to come... this will eventually result in a dismissal as well.

5. finally you can retract your statements on the stand while at trial. HOWEVER any statements you make at trial MUST be wholly truthful, or you my be charged with perjury.

These are your major options for achieving your desired result... MUCH LUCK.

For future reference you may contact our office for any further assistance with any other matter. Our website is cgonzalezlawfirm.com and our office phone is 212.709.8303

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Answered on 9/27/08, 8:01 pm


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