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DearCustomer- If the prosecutor and the HOA president are one in the same then as prosecutor he would have the ability to drop the charges. I'm somewhat surprised that he would keep the case as the prosecutor and the complaining witness since this would appear to be a conflict of interests. In any event, if he wants to drop the charges I wouldn't argue about it. A prosecutor is in control of his own docket so I can't imagine who would object to him dropping the case.
David Kennett - JD - Attorney at Law
If he is just the complaining witness and has filed the charges he does not have control over the case to drop them since that is the job of the prosecutor. In situations like this, if the complaining witness has a change of heart sometimes the prosecutor will agree not to pursue the case. I can't predict what will happen in a specific case but unless it is a case of domestic violence you probably have a reasonable chance of a dismissal if the HOA president does as he says he is going to do.
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