Chicago, IL asked in Criminal Law and Domestic Violence for Indiana

Q: How do I drop charges against my child father

2 Lawyer Answers
Andrew L. Bennett
Andrew L. Bennett
PREMIUM
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: If the charges are in the State of Indiana, you cannot drop charges. The Prosecuting Attorney has the discretion to charge and is responsible for the case, not the victim. However, you can express to the prosecutor that you are not interested in him being prosecuted and it should be taken into consideration, however, it is still the prosecutor's choice to continue with the case or not.

Paul Stanko agrees with this answer

Paul Stanko
Paul Stanko
PREMIUM
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: You didn't file the charges, so you can't "drop" them. Only prosecutors file charges, and except in very limited circumstances, only prosecutors can dismiss them. When civilians call the police, they get the State involved in their personal business. Often there are unintended consequences.

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