Roxbury, MA asked in Criminal Law and Domestic Violence for New York

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

3 Lawyer Answers
Michael Arbeit
Michael Arbeit
Answered
  • Criminal Law Lawyer
  • Freeport, NY
  • Licensed in New York

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.

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

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.

Laura Mecklosky
Laura Mecklosky
PREMIUM
Answered
  • Criminal Law Lawyer
  • Hempstead, NY
  • Licensed in New York

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.