How can I drop a criminal case charge? The day I went to the police and I do not have a court date yet but I have a

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Customer: how can I drop a criminal case charge?
JA: Have any charges been filed? If so, when is the next court date?
Customer: Yes the day I went to the police and I do not have a court date yet but I have a subpoena on the 02/28
JA: In what state did this occur?
Customer: florida
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just need guidance on how to drop the charges and avoid the defendant go to jail
Answered by StephenH129 in 5 mins 7 months ago
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StephenH129
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StephenH129
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10+ years of experience
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StephenH129
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18178 Satisfied customers

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StephenH129, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;

I always go for immediate responses, but I am occasionally called away for client meetings. Your question is important to me and I intend to help you to the best of my ability.

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StephenH129, Expert

You can't.  You need to talk to the DA and see if they will drop the charges.  Private citizens do not have that ability.  If there is enough evidence without you, the case may still proceed.  Talk to the DA.  I am sorry this is happening.

Customer
What's a DA?
Customer
this is his very first offense
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StephenH129, Expert

District attorney.  The attorney prosecuting the case itself.

Customer
I see, I will have an interview phone call with him/her on 02/28 that's when I'm planning to let them know that I no longer would like to proceed with the case. Is there anything I can potentially say that they may consider and drop the charges?
Customer
I will hate to see him go to jail when he has 3 kids and one on the way
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StephenH129, Expert

I would talk to his attorney too.  Let them know.  Basically just say you are not comfortable proceeding to testify and see what they do.  There is no magic recipe to get them to drop this.  I am sorry.  it is very fact and situation specific.

Customer
I already tried to speak with his attorney and he told me to talk to the DA, that he is in a very sticky situation. I also heard about an affidavit
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StephenH129, Expert

You could file an affidavit basically saying you will not cooperate but I would not recommend that without talking to your own attorney.  You could be charged for lying to the police or false reporting.  You are opening yourself up potentially.

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StephenH129, Expert

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member on Lawyers.com.

I further recommend justia.com for potentially finding a local attorney.

You can also use the local State Bar Association.

There are lots of options to find a good local lawyer.

Customer
would it be safe to say that I provoke him too? and have them go to anger program instead?
Customer
that's not a lie
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StephenH129, Expert

That could help, sure.  I would be cautious here.  This is a tricky situation.  You may want to speak to your own attorney.

Customer
I pushed his buttons
Customer
okay I will..thank you for everyhting
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StephenH129, Expert

Ok.  That could be mitigation but also means the events still happened.  They could still proceed.  I am sorry.

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StephenH129, Expert

My pleasure.  Anything else I can help with or answer?

Customer
thats basically it. Im trying to find the way to resolve this
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StephenH129, Expert

Understood.  Thank you for using just answers.  Take care now.

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