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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
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Experience:  over 20 years of legal and professor of law experience
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dismissing a complaint i filed against my daughter in municipal

Customer Question

dismissing a complaint i filed against my daughter in municipal court
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 4 years ago.
I wish to help but do not understand what question you need answered?
Customer: replied 4 years ago.
My daughter was shortly but heavily into drugs. She was at the police station one day trying to get ride from police. I intervened as she was a danger to herself at that time (self-mutilation,severe depression) and I wanted her arrested. They searched her and found some of my jewlry on her (minimal amount). They said they couldn't hold her so I asked if they could do so on a possession of stolen property charge. They gave me guidelines as to how to file complaint so she would be charged so I did. She subsequently was arrested on drug possession and went to jail. Since that time she has turned around and did everything right. She is in program and clean and sober for last 18 months. She also has baby and solid relationship. I no longer want her to be charged with this offense and I want the charges dismissed. She has court for this next week. Could I write letter to judge/proscecutor?? She has already suffered a great deal and I want no more hardship for her.
Expert:  Daniel Solutions replied 4 years ago.
Thank you for the additional information. Once a person files criminal charges it's not easy to make them go away. The court does not have to dismiss the charges. You need to contact the prosecutor and explain how you want to withdraw the charges as he/she can do so but is not required to do so at this point. If the prosecutor does not want to drop the charges then I suggest you talk to your daughter's attorney and he/she advise you the best way to make this go away if possible.
Customer: replied 4 years ago.
can you just give me some instances or rationale where they would not want to drop the charges. All her history is drug related, no theft, selling of drugs, not even possession. The only possession charge she had was possession of a syringe. She is a good girl. I knew jail would straighten her out and it did so the charges I filed are now haunting her. I feel terrible.
Expert:  Daniel Solutions replied 4 years ago.

The most common is that they have a policy of just not dropping valid charges, feel that she needs to learn a lesson, feel that it is necessary for her to have a record just incase she does something in the future the second court will know that she had a first chance. There are countless reasons. I can truly understand your desire but many prosecutor don't view criminal court as a way to straighten a person out but rather to punish. This is why I made the suggestion that I did in my prior post.

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