Are you facing serious domestic battery charges and have been told by a girlfriend, fiancé, or loved one not to worry about it because they are going to dismiss your charges?
Hi, my name is Corey Scott, I am a criminal defense attorney, and my mission is to help people retain their freedom. One of the biggest misconceptions I have come across in my field is the impression that individuals have the power to either dismiss or not go forward with a domestic violence case. This is simply not true.
If you have ever looked at criminal charging information, you will notice it says, “The State of Indiana vs John Smith,” or, “The State of Indiana vs Jane Smith,” or something along those lines. That is because it is the state of Indiana, not an individual that is bringing the charges. Meaning that it is only the state of Indiana that has the power to dismiss charges or make decisions about not going forward with charges.
The next time someone tells you, “I am not going to press charges,” you need to let them know that they do not have the power to press charges. It is only the state of Indiana that presses charges, and it is only the state of Indiana that can dismiss charges. There are some circumstances where there may be a defect in a case and a motion can be filed, where the court can hear evidence and possibly dismiss a case. But when we are talking about just simply bringing cases and voluntarily dismissing cases, that power is going to be in the hands of the state of Indiana.
My name is Corey Scott, and I hope that this has been helpful. If I can be of any further assistance, please reach out to me, I would be more than happy to help you out.