Tuesday, March 26, 2013

You cannot press charges and she cannot drop charges

I have not yet determined where the term “pressing charges” originated, but each day folks on-line ask about whether they can press charges, or IF someone that has elected to contact the police can now drop charges. Although the process is relatively simple, no civilian can go to the courts to press criminal charges. First, when there is an emergency, most people call 911, and emergency services (i.e. police, fire dept.) are dispatched. When a civilian caller dials 911, they cannot tell the 911 dispatcher who to send to the house, or location, they can only describe the emergency. The 911 dispatcher decides who will be sent to the location. When the police arrive, they listen to the story and decide what course of action should be taken. When the police make an arrest, the state has the case. So, when the intoxicated wife wants her cheating husband arrested, and tells the police that he struck her, only to try and recant the story four days, or four weeks, later, she does not have any power to drop any charges. The case belongs to the state prosecutor, who is the only person who will decide IF the case will go forward, and what charges the accused will face. The state prosecutor is not picking up the charges that the wife wants to drop, because as long as the police are placing handcuffs on the accused, it is the prosecutor’s case. 
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About Me

I hung a shingle in February 2000, because I saw that individuals charged with criminal offenses were being underserved by the attorneys practicing criminal law. Since February 2000, I have represented more than two thousand criminal clients. I only practice criminal law, but I do everything from violations of probation to Supreme Court appeals. There are few attorneys under the age of sixty that have my level of experience. I have tried more than two hundred major felony jury trials. I have tried more than fifty misdemeanor jury trials. In Philadelphia as a prosecutor, I tried more than two thousand bench trials. I have conducted more than three thousand preliminary hearings and bond hearings. Yet, I still have the energy at forty-five to serve my current clients. There is nothing that will occur in a courtroom that I have not experienced before. When you are looking for an attorney, experience is everything.