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Posted Jan 20th, 2012
How can I dismiss charges after I have filed a report?

Additional Details:
I recently filed charges against someone I know for breaking into my home. He stole $100 from me and
remove his own food from the home. He had been living with me at least a month prior to the
incident, but has now been charged with breaking and entering, felony larceny, and possession of
stolen goods. If I drop these charges I filed against him, will that get him out of jail or is that
for someone else to decide? Also, when can I actually drop these charges? I''ve considered mailing a
letter to the District Attorney and the Sheriff''s Office that arrested and charged him telling them
I would like to drop the charges, but what else must I do? Before he was arrested we made an
agreement and I have seen him since. I would no longer like to hold these charges against him.
Legal Topic Area: Criminal Law in NC

The following response is for general information purposes only and is not to be construed as legal advice.

Unfortunately once you have filed charges against an individual or reported a crime and that individual is arrested, it becomes the State's decision as to whether it wants to pursue the case against him/her. The State is represented by the Office of the District Attorney for the County in which the offense took place. There is likely an Assistant District Attorney (ADA) that is assigned to the case. You would be able to find out who the ADA is by contacting the District Attorney's Office for that county and requesting the ADA's name assigned to a particular defendant's case and indicating that you are the victim.

Whether or not the State wants to pursue a case against an individual is based on many factors, including the severity of the crimes charged, the amount/value of the stolen goods, whether the breaking and entering was of a residence or a business, etc.). However, a VERY large factor that will go into this decision is whether or not there is a victim and whether that victim has an interest in pursuing the charges. If you have decided that you do not want to pursue the matter any longer, you do have the option of making that known to the ADA or the defense attorney representing the defendant. You may appear in court and express your wishes or you may make contact with the attorneys involved through letter or phone call. You do have a voice in the matter, but you do not have the ultimate decision-making power.


Answered on Feb 8th, 2012 at 11:34am