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Can I drop the charges?
I didn’t want the person arrested and charged with a crime, can I drop the charges? No, once the defendant is charged with a crime by a law enforcement officer, the victim can not drop the charges. Only a prosecutor, after a careful review of the case, can make the determination to dismiss a case. We certainly understand that there are many reasons why a victim may want a case dismissed, and our prosecutors will take the victim’s desired outcome into consideration when evaluating the case.
How can I change the no contact order to allow contact?
If the judge has ordered the defendant to have “no contact with the victim” but you want contact with the defendant while the case is pending, you need to contact the victim advocate or prosecutor assigned to the case.
What is the penalty range for the defendant?
That depends on if the defendant is charged with a class A misdemeanor (such as Assault 4th Degree) or a class B misdemeanor. A class A misdemeanor is punishable by up to a $500 fine, 12 months in jail, or both. A class B misdemeanor is punishable by up to a $250 fine, 90 days incarceration, or both.
In every case, the prosecutor also has the discretion to recommend probation in lieu of incarceration.
How long will this case take to resolve?
If the prosecutor and the defendant’s attorney are able to reach a plea bargain, the case can be resolved quickly.
If the case can not be resolved and one side requests a trial by jury, the case could last for several months or longer. The COVID-19 pandemic is causing a large backlog and all cases are moving slower than normal.