Q: Hi yes my question is If I was charged with second degree assault and my victim doesn't want to proceed what can i/ they
What can they do to get it thrown out before court
A:
Unfortunately, the victim has no control over criminal charges. Only the State's Attorney can drop the charges. The victim can tell the State's Attorney they would like the charges to be dropped, but the State often will pursue the claim anyway.
You should retain counsel to represent you. Do not post any details on Justia because this is a public forum. Discuss your case with an attorney in a confidential setting.
Eric Todd Kirk agrees with this answer
A: If it’s a domestic violence scenario (you are related or in a relationship) then it’s a tougher sell to the prosecutor but it involves “your victim” (this is a very poor choice of phrase; may I suggest “complaining witness”?) telling the prosecutor, and insisting, the case not proceed. In the end it’s up to the prosecutor and your lawyer to work this out. If there are documented visible injuries then this is not likely to be just dismissed. Get a lawyer.
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