QUESTION
How long will it take before they will let him out of jail after dropping the charges?
Asked on Dec 06th, 2012 on Criminal Law - Michigan
More details to this question:
Two days ago, I had boyfriend arrested for domestic violence. I just called story county attorney because I want to drop charges.
8 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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They may not drop the charges. Get an attorney for him.
Answered on Apr 24th, 2013 at 2:34 AM
John J. Carney
The prosecutor may or may not care what you want to happen with the case. If he is in jail he must make bail or the prosecutor must dismiss the case, which almost never happens once he has been arraigned on assault in a domestic violence case. You should get a good criminal lawyer to handle the case.
Answered on Dec 09th, 2012 at 10:32 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. Although you requested that the charges be dropped, the final decision will be up to the D.A. and they may decide to proceed with your boyfriend's prosecution anyway.
Answered on Dec 09th, 2012 at 8:02 PM
Michael J. Breczinski
IF the prosecutor agrees on dropping charges then he gets released immediately.
Answered on Dec 09th, 2012 at 7:22 PM
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Just because you called the prosecutors in this case and asked for the charges to be dismissed doesn't mean that that will happen. Once they are dismissed and the Judge signs the paperwork (Order) then he would be released within hours of that depending on what the jail staff is doing at the time of getting the written order. Again, just becasue you mad the request doesn't mean the dismissal will happen.
Answered on Dec 07th, 2012 at 4:36 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is up to the prosecutor and not you as to whether to drop the charges or pursue the case. You can give your input to the prosecutor, but the decision to continue with the case is his and his alone. Prosecutors can and sometimes will proceed without the cooperation or approval of the complaining witness, although they don't often like to. If the case is dismissed, then he should be released the same day of the dismissal provided that he has no other holds.
Answered on Dec 07th, 2012 at 3:58 PM
You can't. You're not the DA, and you don't get to drop anything. The moment you called the cops it's too late to withdraw. Prosecutors are trianed to deal with recanting victims. They will never drop charges simply because the victim has had a change of heart. Your boyfriend needs a lawyer, because that's the only way he is getting out of this jam.
Answered on Dec 07th, 2012 at 1:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Whether or not you wish to drop the charges may be irrelevant.
Answered on Dec 07th, 2012 at 1:47 PM