Legal Question in Criminal Law in Wisconsin

Can a person who filed charges against someone dismiss those charges if a warrant has already been filed?


Asked on 8/25/09, 3:59 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

No; in WI, once the state has taken over prosecution, the victim no longer has any right to "drop the charges," that decision instead being the exclusive domain of the prosecuting agency. If you want to influence the DA to drop a prosecution, you should therefore consult with an experienced criminal lawyer and/or retain him to make your wishes known. Under WI's victim's rights laws, one right which you do have is to have your wished considered by the court and the prosecution. That, however, does not translate into control over the case. You can also be charged with obstructing an officer or perjury if you lied to an officer about an offense or lied while under oath in court. "Dropping charges" due to claiming that your prior compliant was a lie can therefore get you, the victim, into trouble. You therefore need to consult with your own independent attorney before attempting to do this.

My comments in this online forum are not intended as legal advice to anyone, nor do they create an attorney client relationship between us, unless you subsequently retain me and revisit the issue with me later.

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Answered on 9/08/09, 8:39 am


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