Legal Question in Criminal Law in Minnesota

If my house was broken into and I made a police report and have charges pending on who I had believed it was, and later found out it was not that person and I know who it was but do not want charges pressed on that individual how do I go about dropping the pending charges, and not have the actual individual who did it questioned?


Asked on 10/03/11, 1:25 pm

2 Answers from Attorneys

Unfortunately, you are probably not going to be able to do anything without releasing the name of the second individual. Citizens report what happened to the police, the police may turn their report over to the DA, and the DA files the charges if appropriate. In other words, victims do not have the ability to drop the charges or decide whether charges should be filed. I find it very unlikely that the DA is not going to want to hear what actually happen from you, including the person's name. From the way you phase your question, it appears that you believe the second individual unlawfully broke into your house. You just do not want this person charged. I can think of several scenarios where the DA may dismiss the charges, but none of them would involve not naming the second individual. In the end, you have ti do the right thing and inform the DA what is going on after you speak to an attorney.

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Answered on 10/03/11, 1:59 pm
Thomas C. Gallagher Gallagher Criminal Defense

There may be different things you could try, but none would work as well as identifying who you beleive the true perpetrator to be. For example, you might contact the defense attorney for the falsely accused person, and tell them that you are sure the person you first identified is not the one who did it, and offer to give a statement accordingly. Note that witnesses sometimes retain their own lawyers, for counsel and representation.

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Answered on 10/03/11, 2:11 pm


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