A man was charged with misdemeanor obstruction of breathing of his girlfriend. A stay away order was issued for her and her 2 kids. He was arraigned and ROR'd w a court date. The court date is in 4 days. I confirmed this 1 week ago. He now claims the charges have been dropped. He also has a prior felony drug conviction. This in upstate New York. Would the DA drop the charges so close to the court date. The girlfriend is no longer in his life. They are not back together.
Answer
A DA might decide to drop charges for any number of reasons and it is in their discretion to do so. Some reasons would be lack of a viable case, no evidence, no witnesses, so it is possible the case may have dropped. Whether this did happen, I cannot say.
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