Legal Question in Criminal Law in United States Minor Outlying Islands

Dropping charges

How do you drop a domestic violence charge against someone?


Asked on 3/02/08, 12:30 am

4 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Dropping charges

A victim of domestic violence cannot drop charges. That said, the victim's acts do often have an impact upon the course of the case. For example, the prosecution cannot prosecute if the victim is not there in court to testify against the defendant at trial. Also, the victim can sometimes assert a privilege not to be forced to testify (5th Amendment for example) which could result in dismissal of the charges. You need to consult an attorney.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/03/08, 11:12 pm

Re: Dropping charges

You can't. Once the police are involved, the State of California takes over prosecution. It is a myth that the alleged victim can drop the charges. The alleged victim never files the charges [it is really the DA, and TV always gets this wrong], so they are not the alleged victim's charges to drop. The alleged victim may want to hire an attorney to see what their options are.

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Answered on 3/02/08, 9:55 pm
Allen Farshi Law Offices of Allen Farshi

Re: Dropping charges

The complaint is no longer yours. You are a mere witness in the People of the State of California v. Defendant. On a more Practicle note that someone will need an attorney. Go to my website and call me.

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Answered on 3/02/08, 1:51 am
Allen Farshi Law Offices of Allen Farshi

Re: Dropping charges

The complaint is no longer yours. You are a mere witness in the People of the State of California v. Defendant. On a more Practicle note that someone will need an attorney. Go to my website and call me.

Read more
Answered on 3/02/08, 1:51 am


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