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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 23561
Experience:  18 years of litigation experience.
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I was trying to see how to get charges dropped on a assault

Customer Question

Hi my name is ***** ***** and I was trying to see how to get charges dropped on a assault case both parties are wanting to drop charges can you dropped then before the pretrial
JA: Thanks. Can you give me any more details about your issue?
Customer: He called 911 and he pressed charges saying his 4 year old son got hit and he did to but that didn't happen. He chocked someone and she got a head injury from hitting her head. He wants to drop charges and she does to but can they do it before the pretrial
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Submitted: 9 months ago.
Category: Family Law
Expert:  Zoey, JD replied 9 months ago.

Hello,

In what US state did this occur? This sounds like a criminal case and not a family court case, is that correct?

Customer: replied 9 months ago.
It's in Ohio yes criminal both parties has assault misdemeanor against another they both have no record of any history until now no one was arrested the police just summons them but they both want to drop the charges or do they have to do it before the pretrial or do they need lawyers to get them dropped
Expert:  Zoey, JD replied 9 months ago.

This is what we call a cross complaint and generally, if both parties show up with lawyers on the court date and the lawyers tell the prosecutor that neither party wants to proceed, the prosecutor is usually happy enough to dismiss charges and the judge will go along with it. The important thing is that it's coordinated so that both parties are there at the same time and drop at the same time, because if each case is heard on two different dates or before two different judges, one party or the other could rethink the situation and proceed after the other party has dropped.

They don't need lawyers, except that it's more efficient, since many prosecutors won't negotiate with an unrepresented defendant.

Customer: replied 9 months ago.
can they still drop the charges if neither parties have lawyers
Expert:  Zoey, JD replied 9 months ago.

Not exactly. The case does not belong to either of them Only the prosecutor can dismiss the case. The prosecutor has to be willing to let them both drop. In my experience, with a cross-complaint and no serious injuries, the prosecutor will generally agree to dismiss the cases, but as I've said, sometimes prosecutors refuse to negotiate with unrepresented defendants except on the record before the judge.

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