Waldorf, MD asked in Criminal Law for Maryland

Q: Can I cancel charges when there's already a court date against someone.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: I assume you are the complaining witness who filed the charges, or the victim whom the police spoke with before arresting the defendant? The answer is, NO, you do not have the power or authority to stop the prosecution. You are now merely a witness in support of the State's case against the accused. You can, however, contact the State's Attorney's Office and tell the prosecutor in charge of the case that you no longer wish to proceed and want the charges dropped. Whether they will do so is up to them. It will depend on the facts of the case and whether there were any weapons involved, and the nature and extent of any physical injury. The worse those factors, the less likely charges will be dropped. Domestic violence cases in particular are far less likely to be dropped.

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