if your boyfriend hit you and you called the police and they took him to jail to be sentenced for abuse, can you drop all the charges so he can be let go or is that up to the police?
2006-11-11 10:27:00 · 28 answers · asked by lil_mama_to_be17 1 in Politics & Government ➔ Law Enforcement & Police
As people have said the answer is no. The state is not the complainant and they are the "person" who is pressing charges. You however can be a witness for him if he takes it to a jury and you can help him be found innocent. If he hits you you need to get a new boyfriend or have him go through treatment. good luck.
2006-11-11 11:03:47 · answer #1 · answered by johnny chaos 3 · 1⤊ 0⤋
You can drop the charges, but that doesn't mean the State will not proceed to prosecute. It's also depends on the influence of the arresting cop--I've seen them burn people after everybody else said "okay, we screwed up, we don't want Aunt Cindy in prison for life just because she hit Aunt Grace with a bag of sugar, so back off." It didn't matter.
You wasted the cop's time, he thought he had a felony conviction under his belt, he still wants it. Depends if your guy was arrested for a misdemeanor or actual assault charges, too.
Once the report is filed and photos are taken, once he's been arrested, too bad, okay? There's no turning back. It's up to a judge. Your willingness to forgive and forget might carry a tiny bit of weight with the judge, but he may also feel he's protecting you by giving your boyfriend some time. If your boyfriend has a prior record, you can pretty well count on no mercy.
Most people also don't know that these days, to cover their own butts, cops WILL make an arrest of some kind during a domestic situation. They can't operate like they used to---they can't just answer the call, get you two to stop squabbling, then leave. The boyfriend could have another beer and decide to squeeze your neck until you shut up, and the cops would be liable in some states. So someone WILL go to jail, to break up the tussle.
I'm with the rest of them on this one. Yell and scream all you want, if you're still immature and thrive on drama, but if the guy pops you, he's a loser. My husband has been in federal prison for 26 years. Check out his web site and tell me if you think he's a wimp. Never hit me, tho. Real men don't have to.
Good luck to you, whatever you do, sweetie.
2006-11-11 11:12:20 · answer #2 · answered by His Old Lady 3 · 1⤊ 1⤋
It depends on the county and state in which you live. The laws vary. Most of the time the state will go ahead and press the charges whether you want to or not. That is because in the past so many times police were called during a domestic and after everything blows over no charges are filed or are dropped. They got tired of that so now the state plays hardball. In Illinois if you call police for a domestic, chances are that you will both go to jail. I called to report abuse, they came, he lied, and I went to jail. So now if something happens to me I have to think twice about it and that SUCKS.
2006-11-11 10:40:20 · answer #3 · answered by Kaatp 2 · 0⤊ 1⤋
It is up to the prosecuting crown attorney. I have seen many victims ask the crown to drop the charges but most of the time they won't. Victims often change their minds because they are afraid or intimidated by the abusers, or the abuser has sent them flowers and has said sorry. It's all about the cycle of abuse. I bet this wasn't the first time he hit you.
Talk the the crown attorney and explain your reasons and see what happens, don't recant your statement because you could get charged with making a false statement to police (public mischief)>
2006-11-11 10:32:01 · answer #4 · answered by joeanonymous 6 · 1⤊ 0⤋
No most states, to protect the victim, have made it so that the victim cannot drop abuse charges. Besides, you deserve better. Any man who hits a woman is a COWARD. You can do better than that. Drop him like a bad habit and move on. There is someone out there for you who will not hurt and demean you.
2006-11-11 10:32:10 · answer #5 · answered by Anonymous · 3⤊ 0⤋
Depends on where you live in some states a police officer can press charges if he/she sees that some domestic violence has occured. Then the girl/victum cannot drop the charges.
2006-11-11 12:47:42 · answer #6 · answered by elaeblue 7 · 1⤊ 0⤋
You can drop the charges. However the police may choose to lay their own charges. In any event, its time to move on. you should get out now while the getting is good.
2006-11-11 10:30:51 · answer #7 · answered by Anonymous · 4⤊ 0⤋
In most states, No.
Most states are now the "victim" in a domestic violence arrest, and you are just a witness. This is to keep you from dropping the charges.
BTW - if your boyfriend is hitting you, it only will continue to escalate. Domestic violence ends one of two ways:
The abuser gets help - or-
Either the abuser or the victim dies.
Make him get help before you take him back, or better yet, move on.
2006-11-11 10:34:40 · answer #8 · answered by Anonymous · 0⤊ 1⤋
You can drop the charges but you shouldnt and you should use his time in jail as an oppertunity to get your stuff and get out. Once an abuser always an abuser.
2006-11-11 10:32:14 · answer #9 · answered by miss m 4 · 1⤊ 0⤋
You can refuse to co-operate but you do not get to decide if charges will be laid. Police make recommendations to the courts and the DA decides if they will be accepted and pursued. Without your co-operation success at trial is unlikely so charges would likely be set aside. Having said that, why would you not want to pursue this, no one should be using force against you unless you are threatening their safety.
2006-11-11 18:33:42 · answer #10 · answered by patti duke 7 · 1⤊ 0⤋