Legal Question in Criminal Law in New York
Recanting a Police Report
I would like to withdraw my original police report, and drop an order of protection. How would I go about doing this in Nassau County? Also, is it the law that the victim must testify in order for the prosecution to obtain a conviction in the state of New York?
1 Answer from Attorneys
Re: Recanting a Police Report
You cannot drop charges. Only the District attorney can accomplish that. No the DA does not need you testify, but it hurts their case strongly if the victim doesn't testify. Moreover, if they think you will not testify and they really need you, they can arrest you and hold you as a material witness.
Speak to your own attorney about this. Usually they can make arrangements with the prosecution about this.
My office is in Nassau. You may contact me if you are interested in speaking to me further on this subject by following the links to my e-mail and website below.
Good Luck.
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