Lake View, NY asked in Criminal Law, Domestic Violence and Family Law for New York

Q: Can I drop domestic violence charges on my 16yr old son. He was asked to go live with his dad multiple times and refused

He laughed and got verbally and physically aggressive and was destructive. He did not hurt me. I had him arrested. He now resides with his dad and we have a court date on his birthday. I don't want to ruin his future with an arrest record.

2 Lawyer Answers

Michael D. Litman

Answered
  • Criminal Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: You can't "drop" the charges, but you can relate your wishes to the prosecutor, for the prosecutor to consider in determining what to do. You can also refuse to participate in the prosecution. Speak to your son's attorney to get some direction from him or her.

Kristen Epifania

Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: It is ultimately up to the DA's office to drop the charges. You can, however, express to the DA that you no longer want to pursue the case, and can thereafter cease speaking with them. You should also speak with your son's attorney about what you want, as he/she may be able to better use that to your son's advantage.

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