Legal Question in Criminal Law in Florida

my girlfriend wants to dropp charges

my girlfriend calledthe police, when i was not there.she made a statement whille intoxicated and exsadurated. 3 days after inncodent i spoke with her and she wanted to go to the public attorneys to drop charges before they make warrant. 5 weeks later i was arrested on the warrant. how can my girlfriend drop charges before the are picked up. does she have to testifiey against the state?


Asked on 11/20/07, 12:38 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: my girlfriend wants to drop charges

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Once a complaint is filed, your girlfriend lost the right to "drop charges" because she is not who filed them against you. She may have filed the complaint, but the State of Florida through the local prosecutor files the charges. Of course, if she refuses to cooperate as a witness, they will have a hard time prosecuting the case and winning. The other side of the coin, is that the State will sometimes file charges against the complainant then for contempt or for filing a false police report if she tries to say the claims were not true.

Scott R. Jay, Esq.

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Answered on 11/20/07, 12:59 am


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