Legal Question in Criminal Law in New York
if i was in an altercation 3 days ago in which i fought someone and they called the cops on me they have my info what will happen and what happens if the accuser wants to drop all charges? do i have to be in custody??
Asked on 6/14/11, 1:15 pm
1 Answer from Attorneys
Richard Southard
Law Office of Richard Southard
Once the police make an arrest, the accuser can no longer "drop" all charges because they are not a party to the action. After an arrest, the case is People of the State of New York against accused. Only the prosecutor can drop charges at this stage. Certainly the desires of the accuser will be a factor the prosecutor should and will consider but it is not the only factor. The prosecutor will also look at the injury recieved, weapon used if any, the criminal history of the accused and many other factors.
Answered on 7/11/11, 7:46 pm
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