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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.
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