Legal Question in Criminal Law in Pennsylvania
Getting charges dropped
If I filed harassment charges on someone and they are being charged with 1 count of harassment and 1 count of stalking, what is the best way to get the DA to agree to drop the charges if I feel it was a mistake and is unnecessary.
2 Answers from Attorneys
Re: Getting charges dropped
The answer depends on the prosecutor in your county. Often, just speaking with them can result in dismissal of the charges. However, be careful because any time a complaint is made to the police, the complaintant must be honest. It is a crime to make a "false report" to a police officer. So, when explaining to anyone that you want the charges withdrawn, be carreful not to "confess" to a crime yourself.
Consulting or hiring a lawyer is a good idea. Once retained, a criminal lawyer can assert your rights for you to the DA without anything being held against you. Futhermore, if you are not subpoenaed to appear, you do not have to show up at the hearing. If the Defendant has a lawyer (different than the Attorney you should consult), then the charges should be dropped for "failure to prosecute." If you have been subpoenaed, then you must appear or risk arrest yourself.
Something happend that caused you to invovle the police, is the Defendant is in need of anger management, alcohol treatment etc...you can bargain at the hearing to have the Defendant complete a "program" to earn the dismissal of the charges.
Good luck. Sincerely,
Re: Getting charges dropped
I think it may depend on whether you started with the police or with an Assistant District Attorney. If you reported this to the police and they were the ones that filed a Complaint it's a different situation than if you described the situation to an ADA and they approved it. In either case, it is not usually very difficult to get a case such as that dropped or nol prossed unless there was violence or property damage involved.
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