Home > Research Legal Advice > Criminal Defense > How do I get state to drop charges against my boyfriend?
Asked 10 months ago - Damascus, MD
FlagI didnt lie about him hitting me, i hit him as well. but the state asst. says state is going to continue to press charges. I dont want to press charges anymore, since we still see each other. We vactioned together for a week. I still have sex with him, we still go on dates. I dont want them to be pressed. Im 19 and hes 21. things just went to far, and my friends and family kind of pressured me into it because my mom was abused by my dad. HELP ME?!?!?
Apparently the incident with your boyfriend was serious enough at the time for either you or someone else to contact the police and report the incident. I surmise you must have informed the police that you were indeed struck and injured. The fact that you don't want to press charges "anymore," but remain in a relationship with your boyfriend may be a signal to a prosecutor that you're in an abusive relationship, particularly if he has prior contacts with law enforcement for charges of assault or like behavior. Once subpoenaed to court, you may be compelled to testify against your boyfriend unless you initiated the contact, your boyfriend was defending himself, and you intend to claim that your testimony violates your rights against self-incrimination. These cases can often be sensitive in nature and in my opinion, your boyfriend should be more concerned about obtaining a good lawyer than your figuring out how to drop the case.
You are in a very difficult circumstance. The key concept you need to know is that the State (not you) control the prosecution of criminal cases. Once the police and the State's Attorney get involved, you are a witness. All that being said, there are some serious issues that need to be reviewed with an attorney. First and foremost, you may have a fifth amendment privilege in this matter. As a witness, you cannot be compelled to testify if that testimony may incriminate you. You need an experienced attorney to review the facts with you to see if you should testify. If you do not testify, the State may have difficulty proving its case against your boyfriend. There may be other issues that you need to discuss with an attorney before you are forced to go to court. You may have significant rights that need protecting. Remember, the State's Attorney does not represent you. That office represents the State. You should consult your own attorney. Your interests may be similar to those of your boyfriend, but you need an independent professional to go over the case and help you accomplish YOUR goals.
This is something that requires sensitive handling by your attorney. The state does have a right to proceed, with you as a victim. Also, they see cases everyday where victims of abuse demand that charges be dropped - only to end up in court again (or worse) in the near future.
You are not required to cooperate with the State (as far as meeting with them and discussing the case with them). While it is a bit cliche, this really is the exact type of situation where only a hired attorney can really get involved and have a chance at getting this case dismissed.
The prosecutor represents, and presses charges, on behalf of the state, not the victim. Although the victim's concerns may be taken into account, the victim may not simply "drop the charges" by herself. A victim may contact the prosecutor and express her concerns, but that does not mean that the case will go away. Your question indicates that your boyfriend did hit you. That is a crime. Your boyfriend may be subject to a court order that he stay away from you. If so, he may be violating the order by continued contact with you. You may want to talk to a local lawyer to fully evaluate your options. Your boyfriend should definitely do so.
Mr. Eidelberg is correct.
Go to this website, and do,a simple yes or no to,the questions: http://www.helpguide.org/mental/domestic_violen....
Good Luck.
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