Question:

When during court do you tell the judge you want to drop the charges?

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I have a case I filed almost 4 months ago and just got the subpoena. It was for profane language over a public airway. When do I tell the judge I do not want to pursue. I am 7 months pregnant and I don't want the added stress. If he was gonna do anything, he would have done it by now...It was an idle threat and I haven't heard from him since the call..Just not worth it..and really don't wanna see or look at him in court.

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5 ANSWERS


  1. If it's a criminal charge, you have no say in the matter.  It is the state/federal government vs. the person and you are now a witness (which is why they sent you a subpoena.  If you ignore the subpoena, you can face charges of contempt.

    If it's a civil matter, you can file a withdrawal.


  2. I think you need to contact the prosecuting attorney. They can guide you on the process

  3. You cannot drop the charges, only the State can do that.  You need to call the Prosecutors Office prior to the hearing and talk to them about it.  If you explain your situation, they may be willing to do that.  If not, you need to make sure you show up at that hearing.  My Judge issues warrants for people who are subpoenaed and fail to show for the hearing.  

  4. it is true, that the district attorney may take over and not drop the charges, you are a witness but if you tell them you won't testify odds are they will not charge you with anything for not showing up.

  5. Personally, I would call and request a public defender or if you have already hired an attorney for your case, call them and discuss, whether or not, you should drop the charges. They can advise you on the right choice going by their past experience with individuals similar to him. You never know, he might cause more problems later on for you. He might just be waiting for the most opportuned moment to let **** hit the fan?  

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