Question:

If someone committed a felony and someone drops charges against them will they still be prosecuted ?

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My boyfriend got into an argument with his friend and it end it in a big fight were punches were exchange. Its being prosecuted as aggravated battery but his friend want to drop the charges. Will my boyfriend still be prosecuted? And it’s the first time his had any problems with the law. How long will it take for them to reach a decision? And if not will it stay in his record?

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4 ANSWERS


  1. Not from my understanding. If the friend of your brother drops the charges, why would your brother be prosecuted?  


  2. I don't think that he will be prosecuted if his friend does drop the charges. The aggravated battery will still be on his record though. Just to be sure I will ask Diane and get back with you on that.

    -Mariska Hargitay

  3. He should be ok, usually if the other side wishes to drop the charges then the case will be thrown out.  However the state is still allowed to press charges of there own depending on the severity of the crime, but it sounds like your boyfriend would have ended up in civil court of something and its not a huge deal. He will probably get off.  But just to be on the safe side you should give the judge a ********.  

  4. The victim does not have to cooperate or agree to pursue the charges in a felony case. The state can proceed with the charges if they deem it necessary. This isn't done often but it usually takes place in violent offenses or domestic abuse cases. If they allow the victim to drop the charges, the DA's office usually requires a fee from the person dropping the charges. In a case like you described, the charge will likely be dismissed.

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