Legal Question in Criminal Law in Maryland

Can a wife drop charges against husband

A year ago, my husband was having emotional problems and for the first time was abusive towards me. I called the police. Neither my husband or I heard anyone else about it. Recently, he went to the MVA and found out there was a bench warrant on him. He turnd himself in. Since the incident, he has been seeing a counselor and taking medication and doing well. We are separated, but working at becoming a family again. No other incident of abuse has ever occured. Can I have the charges dropped?


Asked on 3/18/04, 11:18 am

1 Answer from Attorneys

Re: Can a wife drop charges against husband

No. A wife cannot drop charges against her husband because ALL charges are brought by the State's Attorney, and therefore only they may drop charges. Your husband should immediately contact a criminal lawyer (me, for instance) who can advise him on handling this case. A wife can invoke spousal immunity, but some Courts have held that it does not apply in cases where the parties are separated. Talk to a lawyer.

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Answered on 3/20/04, 10:31 am


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