Legal Question in Criminal Law in Massachusetts
drop charge
I filed charges against someone for larceney by false pretense for A bad check they have since paid me can I now drop the charges.
2 Answers from Attorneys
Re: drop charge
It is not clear from your description whether a criminal complaint has actually issued against the defendant in this matter. If by saying you "filed charges" you mean only that you have filed an application for a criminal complaint, but the court has not yet issued a complaint against the defendant, then you would be able to "drop" the charges by withdrawing your application with the court. If, on the other hand, the complaint has issued, the ability to drop the case is out of your hands, and I would refer you to the explanation already provided you by Attorney Kovner.
Re: drop charge
You can ask the Court and the District Attorney's office to drop the charges but the decision is ultimately up to the District Attorney's office. since the case is the Comm v. the defendant. In most cases, the DA's office will agree to dismiss the charge where the money has been paid back but sometimes the person's record, if any, will control the situation. Also, the Judge can also dismiss if over the objection of the Comm if the DA's office does not decide to dismiss it. Good luck.
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