Will I be able to drop burglary and menacing charges?

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Will I be able to drop burglary and menacing charges?

My ex recently kicked my door down and took a tv he bought for me because we
broke up and he wanted the tv back. In the heat of the moment the police were
called and I pressed charges. However I do not feel like that was necessary and he
already returned the television. We were both very angry and were arguing the
whole day and eventually this is what it led to. It was a fit of rage on both our parts
and I do not wish to continue pressing charges. Would I be able to drop these
charges before the scheduled court date? This only happened 7 days ago and there
has not been a court date set yet.

Asked on January 9, 2017 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Whether or not to prosecute a case is up to the DA's office, not you the alleged victim. If there is enough other evidence to support a conviction, the case can still move forward. While it would be better to have your cooperation it is not be necessary. Further, if you are subpeonaed to testify in court but don't appear, you can be subject to fines and even jail time.


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