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I filed assault charges against my brother for beating me. Will the state pick up the charges if they're dropped?
Anonymous3 views5 answers
The charges are simple assault and recklessly endangering another person, that person being my mother. She keeps pushing me to drop the charges to salvage what relationship is left with my brother, but I was told that even if i drop the charges the state will pick them up and pursue them. Is this true? And if so does it make a difference whether I drop the charges or not?
I'm not entirely certain what you mean by, "I filed assault charges. . . ." Pennsylvania has no mechanism for that to be literally true, but it is common for the victims of crime to use similar terminology. 99.9% of criminal prosecutions in the Commonwealth are filed by law enforcement in the form of a "Police Criminal Complaint". Once filed by a police officer the victim begins to lose input over the disposition of the charge, especially past the preliminary hearing stage. The remaining few criminal prosecutions are filed, with the approval of the District Attorney, after a request by a victim in what is called a "Private Criminal Complaint". I'm nearly certain that the DA's Office would withdraw a Private Criminal Complaint if the request came from the victim before the preliminary hearing. Once past that stage, While the DA's Office would listen to input from the victim, the decision would be entirely up to a prosecutor. Regardless of method of origination, the DA's Office will certainly listen to and be interested in victim input; the victim, however, has no control. To summarize you didn't "file" the charges and you can't "drop" them. If YOU are interested in seeing the prosecution discontinued, you should talk to the DA's Office.
It is not really you who decides whether or not the charges will be dropped. Once the prosecutor files criminal charges the prosecutor is the only one who can drop the charges. If you do not wish to cooperate with the prosecutors it may assist your brother in having the charges dismissed and or reduced.
You can not drop or push a charge of assault against another person. All you can do is call the police (911) and report it. Once it is reported the State will decide what to do with it. That is all. Then it comes down to testimony if there are going to prosecute your brother. Any physical evidence they have of the incident, pictures, injuries, doctors reports etc. Good Luck
A private citizen can file to have charges lodged against someone, but only the District Attorney can approve and prosecute the case. The person who filed them has no authority to withdraw them. In your situation, you and or your Mother are witnesses. If you fail to attend the preliminary hearing or trial, the Commonwealth may not be able to go through with the prosecution. Your Brother needs a criminal defense attorney and it may be helpful to have an attorney assist your family.
teven Fisher FairlieDUI / DWI AttorneyNorth Wales, PAPA licensed ·
The other attorneys are all correct that the state decides whether to drop the case or not, but in my experience in Philadelphia if you appear and tell them that you want to drop the charges that is normally what ends up happening. Best of luck. Steve