New York, NY asked in Civil Rights and Constitutional Law for New York

Q: can I dismiss a case if I called the police and the police already sent paperwork to the court

It’s about my gf throwing a knife at me but she didn’t mean to and I wasn’t hurt the police took the knife but they never found my gf

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Once the police have filed paperwork with the court, the case becomes a legal matter and is no longer solely under your control. Even if you weren't hurt and believe your girlfriend didn’t mean to throw the knife, the decision to dismiss the case lies with the prosecutor, not you. They will consider the evidence and circumstances to determine if charges should be pursued.

You can contact the prosecutor's office to express your wish to dismiss the case and explain that you do not want to press charges. However, the prosecutor may still decide to proceed based on the severity of the incident and the potential risk involved.

If the case moves forward, you might be asked to testify or provide further information. It's important to be honest about the incident while respecting the legal process. Working with a lawyer can help you navigate this situation and understand your options.

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