Legal Question in Criminal Law in California
if i charged a person with battery can i have the charges dismissed or terminated?
Asked on 10/08/10, 2:14 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
You may have *accused* someone of battery, but actual charges can only be filed by the government. Only the government can dismiss those charges. The decision is not yours to make.
Your preferences matter, though, and you can ask the prosecutor to dismiss the charges. She might agree, but she will want you to explain your change of heart. Be very careful when you have that conversation; if you say, for example, that your accusation was false, you could end up facing charges yourself.
Good luck.
Answered on 10/13/10, 2:29 pm
Anthony Roach
Law Office of Anthony A. Roach
No. Only the prosecutor can make a motion to dismiss, and it is in the court's discretion to grant or deny it.
Answered on 10/13/10, 3:53 pm
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