Content

• Steps
• Method 1 of 2: Making changes to the police report
• Method 2 of 2: Declaration of Non-Cooperation
• What do you need
• Tips

The initiation and termination of a criminal case often happens very differently than it is shown in television shows and films. The victim or witness cannot drop the criminal charge as the case is handled by public administration lawyers. However, steps can be taken to persuade prosecutors to stay out of action by providing new evidence or stating that you are not willing to cooperate. However, the final decision will not be made by you.

If you are facing an indictment, see "How to Get Rid of a Criminal Charge" instead of this article.

Steps

Method 1 of 2: Making changes to the police report

1. 1 Tell the attorney that you do not want to press charges. Officially, only the prosecutor can decide to drop the charges. However, if the victim or key witness says that he is not interested in bringing the case to court, there is a high probability that the prosecutor will listen. This is especially true for minor offenses.
   • In most jurisdictions, domestic violence is a “zero tolerance” crime and prosecutors will not drop charges in connection with a victim's abuse request.
2. 2 Read a copy of the police report. Call the police station where the report was drawn up and ask for a copy. Review it carefully to see what exactly you told the police. If you change your testimony, you may be charged with fraud.
   • You may have to pay a fee to get a police report.
3. 3 Add new information to the protocol. A criminal case will not be dropped just because you want to drop the charges. Instead, you must have compelling reasons why police and prosecutors should drop the criminal charge. As a rule, this is an addition to your story (which does not contradict what is recorded in the protocol), new evidence, or a new witness.
   • It is most likely a bad idea to withdraw your initial statement altogether, as you may face criminal charges.
   • Consider this option only if you lied to the police and your testimony could lead to severe punishment for an innocent person.
4. 4 Provide information in person. Go to the police station in person to file amendments to the protocol orally or in writing. In any case, please bring a photo ID to prove that you are the one who signed the original protocol.
   • If the transcript was drawn up some time ago and the case is already being brought to trial, then you may need to contact your district or district attorney's office.
5. 5 Wait for the prosecutor's office to contact you. They may request additional information on the case. Sworn affidavits or amendments to police records do not guarantee that the charges will be dropped.
   • If the case is still considered, then you may be asked to testify in court. If you refuse to testify and cooperate, you can be fined or arrested.

Method 2 of 2: Declaration of Non-Cooperation

1. 1 Find legal help. Talk to a legal expert to figure out how to proceed. In some situations and regions, you may be able to give a "Affidavit of Oath of Prosecution" or a statement that you do not want the case to lead to a prosecution. A lawyer knows how to make your statement persuasive and will help you avoid criminal charges by avoiding conflicting statements in the original transcript.
2. 2 If you cannot afford to hire a lawyer, find free legal advice and ask a lawyer for this service or get legal assistance on their website. The defendant's lawyer can give you some advice, but don't rely on him alone. He may allow you to commit fraud in order to protect your client.
3. 3 Write a statement. A lawyer can help you give a sworn affidavit to waiver the prosecution, but you can do so without him. Describe the event that occurred, highlighting evidence or factors that make the crime less serious. Make it clear that you do not want to initiate a criminal prosecution.
   • Notarize the application. Give your affidavit before any notary. You will have to pay a fee to the notary and sign the document in his presence.
4. 4 Submit your sworn application. You may have to pay a fee to file an affidavit before the district or district court in which the case is pending. There may not be an official way of filing a sworn statement where you live, but you can send a copy of the statement directly to the prosecutor's office. First, contact the court by phone to make sure you are sending the application to the right person.
   • Search the Internet for the court's phone number. If you do not know which court your case is in, type "court" and the name of your district on the Internet.
   • In order to confirm payment of the fee, it may need to be done in the form of a money order.

What do you need

• Initial police protocol
• Police phone number
• Additional Police Protocol
• Sworn testimony to drop charges
• Proof of payment of duty
• Advocate

Tips

• If the charges are not dropped, the defendant can enter into an agreement with the prosecutor between the prosecution and defense parties. This can lead to fewer charges, less serious charges, or less severe punishment.
• If the charges are dropped, the arrest record will continue to appear on the person's drive records with the notation "Charges dropped." This person can go to the court that handled his case and file a petition for the destruction of the recording. This can work if the person has been unfairly accused.