If someone drops charges pending against me, am I still required to go to court?
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If someone drops charges pending against me, am I still required to go to court?
This was a misdemeanor assault and battery in South Carolina
Asked on June 21, 2009 under Criminal Law, South Carolina
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Although I do not practice in South Carolina, the general rule is that alleged victims do not have the authority to determine whether to prosecute or drop charges. The decision to do so generally rests with the prosecution. While an alleged victim's desire to see charges prosecuted or dropped may influence a prosecutor, the prosecutor has the discretion to drop or prosecute charges over the objection of the alleged victim.
Failure to show up for a scheduled court date can expose you to criminal liability for additional charges of failure to appear. Therefore, if you have a court date scheduled, you must show up. I recommend that you consult with and/or retain a criminal defense attorney to determine the merits of the state's case and your potential defenses, especially in light of the fact that the alleged victim may not want to cooperate with the prosecution.
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