When You Want to “Drop” Criminal Charges

Treadaway & Treadaway July 1, 2019

Once you have someone arrested, it is difficult to “drop” the charges because the State of Georgia (or one of its municipalities), via the prosecuting attorney’s office, takes over prosecution of the action. Even if you request that the charges be “dropped” and refuse to cooperate with the prosecuting attorney’s office, the government will continue to prosecute the action. Before you call the police on a family member or friend in the heat of the moment, it’s a good idea to consider the consequences. Of course, if the family member or friend is being intentionally harmful, you should call the police and you should cooperate and continue with the subsequent prosecution.

Affidavit of Waiver of Prosecution

If you do call the police and your family member or friend is arrested and you later desire to “drop” the charges, you may ask that the prosecuting attorney’s office not prosecute the action. You may be able to file an affidavit of waiver of prosecution with the appropriate agency. As with making the decision to have your family member or friend arrested, the decision not to prosecute is one that should not be taken lightly.

Contact a Georgia Criminal Attorney

If you have been accused of a crime, contact our Georgia criminal attorneys. If you contacted the police and are having second thoughts, you should also contact our Georgia criminal attorneys to help you communicate with the prosecuting attorney’s office.