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I was charged with simple battery but in the police report…

Customer Question
I was charged with...

I was charged with simple battery but in the police report it stated that the assaulted did not want to press charges and did not show to have them filed but the charges were not dropped in the system and we still have to appear in court

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

About four months ago in Fulton county

Lawyer's Assistant: Have you talked to a lawyer yet?

No I didn't think I needed to since she never went to the station to press charges

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that is it

Submitted: 11 months ago.Category: Criminal Law
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7/21/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,935
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

Once a case is reported to the police it is out of the hands of the complainant. It doesn't matter whether she doesn't want to press charges or not. The state has the right to go forward anyway on her behalf and on behalf of the people of your state. That's what has happened here.

If she doesn't want to cooperate, ultimately the state would have to dismiss these charges, assuming there are no other witnesses to the battery. But the judge will allow the state to do everything in their power to try to convince her to come in and cooperate with the prosecutor. So you should rethink the idea of a lawyer, as the case may be around for much longer than you think.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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