How best to get a DV case dismissed?
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How best to get a DV case dismissed?
I pressed a DV against my boyfriend. I missed the arraignment court date and I no longer want to persue the charges. He has another court date coming up and I’m not sure if I should contact the prosecutor and tell them I don’t want to peruse things, show up to the court date and tell them, or no show? My concern is if I no show they will keep contuining it and he will need to be held until it’s resolved or until there have been 3 attempts to pursue.
Asked on July 8, 2018 under Criminal Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact s that it is up to the state and not the victim as to whether or not criminal charges are pressed or later dropped. That having been said, if the testimony of the avictim is critical to making the state's case, then it will be dismissed if the victim fails to testify. In the alternative, if there is other evidence sufficient to support a conviction, then the case will go forward. Further, if the victim is subpoenaed to appear in court, then they must appear or be subject to a contempt of court action.
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