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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20400
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My bf is in jail for a malicious wounding charge . I was the

Customer Question

My bf is in jail for a malicious wounding charge . I was the one who pressed the charges bc he cut arm just above my wrist at the time of course I was so shocked and mad that I didn't know what else to do. This was over 3 months ago n they just arrested him. I want to drop the charge but the jail said I couldn't. Any advice
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 4 years ago.

Thank you for the information and your question. Although you have the right to go to the prosecutor who is assigned your BF's case and tell them that you would prefer that the charge not be pursued, you cannot control whether or not it is. In other words, crimes are considered "crimes against the State" even when there is a victim. So, it is the State that makes the prosecution decisions, which sometimes conflict with what the victim might want to see happen. That said, prosecutors do take something like the victim's wishes into account.

However, if you are subpoenaed as a witness you will have to show up to testify. You also must tell the truth, whatever that is. If you do not show up, then you could be cited for contempt of court and then you would face a misdemeanor charge yourself.

If the prosecutor will not drop the case, then you might want to speak to your BF's attorney and tell them that you will testify on sentencing, if it comes to that, in favor of leniency.

Let me know if you need any clarification. I would be glad to assist you further if I can.

You can reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I, unfortunately, have no control over how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a negative rating for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.

Expert:  Marsha411JD replied 4 years ago.
I see that you have given me a Bad rating. I am a bit dumbfounded that you would punish me because I attempted to assist you by telling you what the law is and what to expect. I am not responsible for this situation you or your BF are in or the law, so I find it shocking that I would be held responsible somehow. I answered your question in good faith trying to help you. How would you feel if you were treated this way?

Good luck