Q: Is there a way i can drop charges for a domestic battery case against my mother?
My mom hit me and i called police she was then taken to jail and charged with domestic battery. I dont want to have charges against her what can i do
A: You can try to persuade the particular State’s Attorney’s office involved that it’s best not to prosecute, but once the process has passed the charging stage, they don’t have to drop the case just because you want them to. The State’s Attorneys have an obligation to the public to investigate and prosecute crime brought to their attention and aren’t bound to stop doing their work just because a witness or victim has second thoughts. While you cannot be jailed for refusing to testify against your mother, you could possibly be held in contempt of court and possibly be fined.
Juan Ooink agrees with this answer
A: Technically, the answer to your question is no. Once the police are called, it is out of your hands. It is now up to the prosecutor on the case. Even if you tell the prosecutor that you do not wish to proceed, they can subpoena you in to testify against your mother. Your mother needs a criminal defense attorney. The sooner an attorney is hired the better.
David Nachman Byer agrees with this answer
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