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I was arrested for 3rd DWI which Im out on bond for. The other…

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I was arrested for 3rd...
I was arrested for 3rd DWI which I'm out on bond for. The other night I was arrested for property damage and bonded out again. the State is handling the DWI case and a smaller court has the property damage case. I'm set to get a favorable plea in two weeks in the DWI case. The damage occurred at a private party at a restaurant and was filed by a manager not the owner. The owner wants to drop the case.
My questions are these.
1. The restaurant owner said he would drop the charges if I paid for the damage which I did. he is a well known business owner in a small town, can he drop the charges like he said? Is it possible to have this swept under the rug?
2. Will the state get wind of this if he cannot drop the charges?
Submitted: 6 years ago.Category: Criminal Law
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2/18/2012
Criminal Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,175
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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1) Yes, the owner can indeed drop the charges against you and the case would be listed as dismissed if he refuses to prosecute. Since he is the owner he has a right to refuse to prosecute and the charges would be dropped.

2) If the charges are not dismissed, the record will be in the computer and the prosecutor will find it when they check your criminal history, which they are supposed to do before completing your plea deal.

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Customer reply replied 6 years ago
My court date for the DWI is on the 2nd of march and has been continued for over a year. The court date for the property damage is on the twelfth.
1.If I go to court on the 2nd will they see the arrest?
2.If I paid a bond will I have to go to court?
3.Can this whole thing "disappear" the way I was lead to believe and if so can it be done with a phone call? Or will this have to take place in a court setting?

I was charged and have a court date and case number XXXXX well as a bond.
This guy "the owner" is well connected and respected, in a town where everyone knows each other.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
1) Yes the arrest will appear on your record IF the prosecutor bothers to print it out (many times they will not).

2) If the owner dismisses or refuses to prosecute you would not have to go to court and the bond will get returned to you.

3) If it is dismissed, then you can file a motion to expunge and it will disappear.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,175
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Customer reply replied 6 years ago
Thank you.
If I was to get this expunged, could it be done quickly (before the 2nd of march)

What actions should I take to ensure this is handled properly?

Should I call the City hall myself for the bond, how long would something like this take for the dismissal?

Can this be done with a phone call or would he have to fill something out?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
I am afraid the court typically does not move that fast, but it is possible. However, if no conviction is shown on the charge, the prosecutor will not use it against you. If you get a dismissal you would get the paperwork from the clerk of court or the prosecutor's office showing they dismissed the case and you can show it to the prosecutor on your DWI case if they ask.

The owner needs to write a letter to the DA and they will make him go in person to the prosecutor's office to sign an affidavit of non-prosecution in some cases to verify he is the one who does not want to prosecute and it is not someone merely impersonating the owner.
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