Shelbyville, KY asked in Criminal Law for Kentucky

Q: My husband just went to jail for 4th degree assult. I want to drop the charges. How would i go about doing this?

He is also on parole.

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3 Lawyer Answers
David William Spalding
David William Spalding
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Ultimately, you would approach the prosecutor's office on the day of his arraignment or next court date and inform the prosecutors that you're there to speak about his case. You may tell them that you no longer wish to proceed with charges, but it is the prosecutor's discretion of whether to drop them.

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You can’t drop the charges. Only the prosecutor can.

Matt Schalk
Matt Schalk
PREMIUM
Answered
  • Criminal Law Lawyer
  • Princeton, KY
  • Licensed in Kentucky

A: You can contact the county attorney and state that you wish the charge(s) to be withdraw. However, you are presumably the victim and subsequently a witness, and the criminal complaint is brought by the Commonwealth of Kentucky, not you. Therefore the Commonwealth may proceed with the charges regardless of your desire to see the charges dropped.

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