Can we just tell Auburn police we don’t want to press charges?

Additional Information:

I am 18 years old and was involved in a fight with a former friend who is 17.  Now we’re both charged with assault but neither one of us wants to press charges. So, can we just tell the Auburn police that we don’t want to press charges so the case goes away? We don’t get along any more (duh) but neither one of us wants to press charges.

ATTORNEY ANSWER:

Since you have cross claims of assault and battery against the other, you, your former friend and both your attorneys may tell the assistant district attorneys handling the cases of your wishes not to proceed against the other. An agreement to dismiss the charges against both you and your former friend should result. The only problem that could occur is if the District Attorney’s Office has an independent witness or witnesses that saw the fight. In such a case, the D.A.’s Office could utilize them to testify against both of you if they chose to proceed with prosecuting the charges. This scenario is unlikely if neither you nor your friend have a significant past history of criminal charges.

Auburn Criminal Defense Attorney Michael Franklin, provides legal representation to individuals in Auburn MA and in the neighboring communities of Worcester, Leicester, Charlton, Webster, Northbridge and Grafton.

 

Attorney Michael Franklin
Auburn Criminal Defense Lawyer
5 State Street, Suite 1F
Worcester, MA 01609