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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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I have been charged with obstruction of property when i broke

Customer Question

I have been charged with obstruction of property when i broke a beer bottle at a public neighborhood pool and the the charge and court date is already probably on file. The prosecutor (President of Homeowners Board) wants to drop the charges if he wants to can he if it is already on file? Thanks so much for your help
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- If the prosecutor and the HOA president are one in the same then as prosecutor he would have the ability to drop the charges. I'm somewhat surprised that he would keep the case as the prosecutor and the complaining witness since this would appear to be a conflict of interests. In any event, if he wants to drop the charges I wouldn't argue about it. A prosecutor is in control of his own docket so I can't imagine who would object to him dropping the case.

 

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience: 25 years experience practicing attorney
Dave Kennett and 5 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Ok I see i know that he is charging me but now that i think about what if he isn't the prosecutor? What would happen then? Which i agree with you is probably the case. Could he still drop the charges?
Customer: replied 5 years ago.
Thank you i just have one more thing. Now that i think about i think your correct he probably isn't the prosecutor can he still drop the charges?
Expert:  Dave Kennett replied 5 years ago.

If he is just the complaining witness and has filed the charges he does not have control over the case to drop them since that is the job of the prosecutor. In situations like this, if the complaining witness has a change of heart sometimes the prosecutor will agree not to pursue the case. I can't predict what will happen in a specific case but unless it is a case of domestic violence you probably have a reasonable chance of a dismissal if the HOA president does as he says he is going to do.

 

Dave

Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience: 25 years experience practicing attorney
Dave Kennett and 5 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you so much i really appreciate that
Expert:  Dave Kennett replied 5 years ago.
No problem and thanks for using our service - Dave

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