Legal Question in Criminal Law in Pennsylvania

Dropping charges

I filed an assualt charge which I don't wish to persue. A warrant has been issued . How do I go about dropping the charges. Will there be any record of the charge on the persons file ?


Asked on 11/08/04, 5:35 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Dropping charges

Contact the District attorney of the county you filed the charges in. The person if they are not arrested prior to the dropping should have a lcear reacord. If not the person can request the court expunge their record.

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Answered on 11/08/04, 7:43 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Dropping charges

I agree with what Atty Johns said, except for one thing. Are you talking about a private criminal complaint or a complaint filed by the police or DA?

(A private criminal complaint is a complaint you to to the district justice to file that is later approved by the DA)

In either case, once the charges are filed, they become the charges of the state against the person, not YOU against the person. The state (DA) has the option of continuing with the charges even if you don't...provided there is evidence that the person committed the crime without your testimony.

In other words, the option to drop the charges isn't really yours...it's the District Attorney's option to do so.

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Answered on 11/08/04, 7:49 pm


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