North Wilkesboro, NC asked in Criminal Law for North Carolina

Q: If I took papers out on someone and decided to drop charges can I do that

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3 Lawyer Answers
Nick Benjamin
Nick Benjamin
Answered
  • Criminal Law Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: If the district attorney allows it, then yes. 95% of the time they will allow it. You may still need to go to court to tell the DA you want it dismissed

Philip J. Clarke III agrees with this answer

Philip J. Clarke III
Philip J. Clarke III
Answered
  • Criminal Law Lawyer
  • Morehead City, NC
  • Licensed in North Carolina

A: You should talk with someone at the district attorney's office as soon as possible, and let them know your reasons for not wanting to continue with the charges. Various people could be spending time on the case, so the sooner the better

It sounds like maybe you were the victim in a criminal case where you and the defendant may have been the only ones present. If by " took out papers" you swore to facts before a magistrate that were the basis of a criminal charge for which the defendant was then arrested, and now has a court date, then you are the state's key witness, and you will also be summoned to court to fulfill that role.

With some matters it is very likely that if you want to drop the charge, then the prosecutor will be quite willing to dismiss the case, but if your reasons for you doing so are not very good (like you'd rather not have to show up for court dates) then you might find the district attorney less than sympthetic. The papers you took out are now the state's papers, and you're a witness.

The state controls criminal charges and can dismiss as they choose. They take their role seriously and do not like their time being wasted. In some situations and with certain defendants with whom they have peior experience, the state may not want to dismiss the charges if they were legitimate. Prosecutors also do not want people to get the idea that they can use criminal allegations and all that go along with them to achieve their personal purposes, and then call and cancel.

Another perspective

Philip J. Clarke III
Philip J. Clarke III
Answered
  • Criminal Law Lawyer
  • Morehead City, NC
  • Licensed in North Carolina

A: You should talk with someone at the district attorney's office as soon as possible, and let them know your reasons for not wanting to continue with the charges. Various people could be spending time on the case, so the sooner the better

It sounds like maybe you were the victim in a criminal case where you and the defendant may have been the only ones present. If by " took out papers" you swore to facts before a magistrate that were the basis of a criminal charge for which the defendant was then arrested, and now has a court date, then you are the state's key witness, and you will also be summoned to court to fulfill that role.

With some matters it is very likely that if you want to drop the charge, then the prosecutor will be quite willing to dismiss the case, but if your reasons for you doing so are not very good (like you'd rather not have to show up for court dates) then you might find the district attorney less than sympthetic. The papers you took out are now the state's papers, and you're a witness.

The state controls criminal charges and can dismiss as they choose. They take their role seriously and do not like their time being wasted. In some situations and with certain defendants with whom they have prior experience, the state may not want to dismiss the charges if they were legitimate. Prosecutors also do not want people to get the idea that they can use criminal allegations and all that go along with them to achieve their personal purposes, and then call and cancel. So be advised.

Another perspective

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