Legal Question in Criminal Law in Pennsylvania

How to drop charges, and ensure that the state does not pick it up

I placed simple assualt and terroristic threat charges against someone in philadelphia who was on probtion in New Jersey, and now he is incarcerated in New Jersey. He does not yet have a court date, but I would like to write the judge a letter, so that he can have a copy when philadelphia comes to pick him up for court, stating that I am droping the charges. What do I have to include in the written letter to ensure that the state does not use the dective as a witness, or takes up the case. Thank you.

Asked on 1/12/05, 9:01 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: How to drop charges, and ensure that the state does not pick it up

I don't know what you mean by you "placed" charges against someone. Unless you filed a private criminal complaint (which then had to have been approved by the DA, at which time they become the state's charges) all charges are filed by the state, not by individuals.

He would have violated his probation in NJ by having been ARRESTED in PA. It may not matter if the charges are eventually dropped by the state (again, YOU can't drop charges because they are filed by the state). It's the state's case now, and only they can decide to drop charges.

Once they picked him up in NJ for violation of probation, they will look at what actually happened, regardless of the disposition of the charges.

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Answered on 1/13/05, 1:42 am

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