Q: How can I get domestic violence charges dropped
My boyfriend was charged with harassment 2
I spoke to DA and said I didnt want to pursue it but he said the state is involved so he won't drop charges
A: Most cases can't be prosecuted without the complaining witness (you). So, if you really do not want to pursue it, do not sign the supporting deposition. If you already did that, do not show up in court or speak with the ADA again.
A: It is ultimately up to the District Attorney's office to dismiss the charges against your boyfriend. With that said, you have no obligation to cooperate if you don't want to. If you haven't signed a supporting deposition yet, you can inform the DA that you no longer want to go forward and that you don't intend to sign the paperwork. While the final decision is up to them, it certainly weakens their case if the complainant is not cooperative.
A: Yes, unfortunately even though you are the victim, it is not "you vs. your boyfriend." It is "The People of the State of NY vs. Your Boyfriend." The People are represented by the District Attorney and the District Attorney has the biggest say in whether charges will be dropped. That being said, it is hard, but not impossible, to proceed with a case without a willing victim. If you've talked to the DA and let them know you don't want to proceed, you've done all you can do. Continuing to speak with them will help their case and not your boyfriend's. You are under no obligation to speak with anyone about this case unless you are subpoenaed. The best way to help your boyfriend now is to cooperate with his attorney. There is no bar against cooperating with his attorney if the attorney wishes to talk with you.
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