I had someonearrested for assault, NY, the DA's office is prosecuting, is there a way to drop thecharges?

Question

its been three months, and the DA's office never let's me know what is going on, however, if we were to go to trial, i do not think that I am able to be a witness. I just want to know if I can drop the charges now.

Answer 1

did you persue the charges, or did the da file them on their own? you may not be able to get them dropped, but try telling the da you won't testify. he can either drop it, or subpoena you as a hostile witness and make you testify anyway. good luck.

Answer 2

I am assuming it is a domestic violence charge? If so, no. The DA in any state will not drop the charges whether or not you filed them. If you don't press charges, the DA will because they know that most women will drop the charges when they and the abuser, although shorter and shorter lived, get along again or are coerced into not filing charges.

Honestly, once the file goes across the DA's desk, it is out of your hands. Your decisions do not count anymore. I hope you understand what I am saying. The DA's office is pretty adept at knowing when they need to pick up any violent case because most abused persons slide back into the make up phase in a relationship, with the DA wanting to prevent that cycle of abuse to continue, with the sweet well meaning victim, either being forgiven or threatened. Does that make sense?


Prosecutors are trying to send a well researched message out. Just because the abused and/or scared are swayed into submissiveness and try to say never mind, just never mind, it is never that simple. These folks are trained to know it (domestic violence) when they see it and will not let a case of assault or domestic violence go without the proper handling of the case, especially if left up to the abused. Their judgement is usually very swayed.

Once it is in the DA's hands, it is out of the victim's hands. I promise you that. Good luck.

Oh, and AirBob? I would hope to the heavens that what you say is BS because that will be the biggest reason for women to never come forward when abused! Why tell someone you're being beaten by an idiot who can't ever measure up on the manhood richter scale if you know you, as the beaten woman will be prosecuted for....what was that you said????? If you live in Iran or Iraq, it will wash, but not here in the USA! Sorry, but that don't wash.

Answer 3

It is amazing how wrong people can be who are uninformed. 1pretty is closest and has some very good information relative to dv arrests.

In general, regardless of the other answers you have read, since you did not levy the charges, the police did, you cannot drop the charges. The DA prosecutes the charges the police have brought. If you have legitimate reasons and go to the DA and beg you may find that he/she will decide not to prosecute. That means there has to be a disposition, i.e. guilty, not guilty, dismissed, nolled, etc.

But 'pretty' is right. The DA in a dv case will worry that you have been threatened or forced to make your request. You may be subpoenaed and if you are make darn sure you tell the truth.

But I am most curious why you say you are not able to be a witness. It may determine the fate of this case. Email me and I'll tell you more.

Good luck from a 32 year cop from every rank. Remember, attitude is a choice.

Answer 4

YOU cannot drop the charges, they are filed by the state. You can go to his attorney and tell you don't want to press any charges, and they may use you as a witness, or your affidavit. Best to appear in person to help his case. Contact his defense attorney (public defender, or hired attorney) as soon as possible.

Answer 5

Call the DA's office and ask

Answer 6

Once the state of NY decides to prosecute, A court trial will take place. If you are the victim and refuse to testify you can be held in contempt of court and liable for court sanctions.

Answer 7

usually once a case is in the DA's hands it's a done deal.