Yes, my answer stands.
Of course the DA has the power to bring these charges back, but the DA is supposed to deal in good faith, and if the picture as to your son doesn't change, there's no reason for them to reopen it.
In my experience, I have seen a DA reopen a case that has been conditionally closed:
- when the defendant continues to commit offenses against the complainant
- when the defendant gets rearrested for a similar offense
- if the complainant is supposed to be repaying the victim and stops making his court mandated payments or if the amount of payments have to be adjusted
I think it's more likely than not that no further criminal proceedings are going to happen here. If your son's lawyer is already talking about expungement and restoration of rights, that's his take on it too.
It's real easy to drive yourself totally crazy with "what ifs" but that really won't do him or you any good. Keep him out of Target. Keep him out of trouble, and don't over-worry about the case.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).