Q. How to drop criminal mischief charges when officer refuses? My boyfriend and I got into a fight and he damaged some of my possessions and was charged with criminal mischief. Since he received the citation, we have decided he would pay me the money owed for the damages without dealing with going to court. I called the DA office and they told me only the officer charging could drop the charges. When I contacted him to ask him to drop the charges, he refused. I had no idea it was going to be this extreme all I wanted was money to pay for the damages. What can I do to get the charges dropped when we are already resolving the issue?
A. See a lawyer. You can refuse to testify, even if the DA and police officer attempt to persuade you to do so. The only person that can hurt you is the Judge who can hold you in contempt of court for not testifying and put you in jail. This is doubtful and most judges will not go to this extreme in domestic case, especially if you were not personally hurt. If you hear the judge warn you about contempt, then you may think twice and testify. The lawyer can guide you through this it is too tricky to do on your own. Be careful not to change your previous story to police or you may end up in jail for false reports. Also, these charges cannot be dropped until his hearing. Your refusal to prosecute has to be on the record.