Appleton, WI asked in Criminal Law for Wisconsin

Q: Can I retract complaint I made to police in WI (54914)? Damage is less than appeared & will be awkward with neighbor

On July 4 of this year, the neighbors next to us set off several rounds of illegal, very dangerous, fireworks in the street by our residence (mines, cakes, bottle rockets) over a period of 2 hours (2100-2300 hours). Debris was everywhere but I filed a police complaint the following morning (I DID call the police three times that night but no one came) because there was debris everywhere and the appearance of a burn mark on the roof of our car (and I had been hit on the back I think twice with flying debris but my injury was minimal and didn't need any medical attention). Later the day of filing a complaint, my husband and my landlord expressed their dissatisfaction with my complaint and wanted me to retract because it would make neighborly relations awkward. As it turned, the rain that occurred the day following the incident washed away most of what I thought was a burn on the car. I spoke with the same officer a second time, asked to withdraw and he said I cannot.

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1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: Once a complaint has been made to the police, it is up to the authorities to decide how to proceed with the investigation. It may be possible to request to withdraw or modify the complaint, but ultimately the decision lies with law enforcement and the prosecuting attorney.

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