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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24911
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a friend that was charged with Assault causing bodily

Customer Question

Customer: HI I have a friend that was charged with Assault causing bodily harm back in September of 2014, and charged again on Saturday with assault. he was supposed finished his probation in april
JA: Thanks. Can you give me any more details about your issue?
Customer: well it was a domestic violence both time to the same person, and this time. his spouse wants to drop the charges but he already goes in front of justice of peace in the morning. and not quite sure how to go about it
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Customer: sure thing
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

The only person who can drop this case is the prosecutor assigned to convict your friend. The case no longer belongs to the spouse and, for that matter it doesn't belong to the judge either.

His spouse should talk to the prosecutor assigned to the case and try to convince him or her to drop the charges. If the prosecutor refuses to do it -- which is what usually happens -- the spouse should tell the defense lawyer that she's not interested in going forward and try to get his help getting the charges dropped.

Usually when the complainant and the defense lawyer are both working against the prosecutor something favorable to the defendant can be worked out. Here, however, there's an additional problem in that your friend is on probation. Probation doesn't usually violate just for an arrest, but they will be watching this case to see how seriously the prosecutor will be taking it.