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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23146
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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It's regarding an emergency protective order.

Customer Question

***** *****. It's regarding an emergency protective order.
JA: Thanks. Can you give me any more details about your issue?
Customer: My boyfriend was arrested on Thursday morning for a threat made to me. When the cops arrested him, I guess they had asked if I wanted an EPO. As we were both drinking pretty heavily, I without thinking at the time agreed. I regret my decision and want this removed immediately. What should I do?
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Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.
Hello, Once you involve the police and they arrest someone for a criminal offense, the case no longer belongs to you. It gets turned over to the prosecutor's office and the case becomes the state's. If you're sorry that you started this and you want to get the charges dropped and the order lifted, you need to seek out the prosecutor assigned to the case against your boyfriend and try to convince him or her that you'd both been drinking heavily, that the argument got out of hand, but that you aren't fearful for your safety, don't need a protective order, and do not wish your boyfriend to be prosecuted for this offense. The prosecutor does not have to drop the case just because you want him to, and he may not do it. He can override your wishes, subpoena you for trial, if the case goes that far and compel you to testify against your boyfriend or face contempt charges. But really, he'd have a hard time winning his case without you. So make it clear you don't want him prosecuted. If the prosecutor won't change his or her mind, then make sure your boyfriend has a lawyer and that the lawyer knows that you are trying to drop the charges but the DA won't let you. Generally, when the lawyer and the complainant are on the same side of an issue like this, the prosecution will resolve the case in some way that will be favorable to the defense.

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