Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon Jessica,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. I understand the facts as you have stated them. However, what is your question?
Hello Jessica. I am Colleen. I have been an attorney for 26 years. I hope I can help you today.
Please ignore the interference from the other site professional.
While you can't force the prosecutor to drop the charges, there are certain things that might be persuasive to a prosecutor in terms of correcting any misunderstandings as regards ***** ***** and any assault charges that might have been filed based on something not witnessed by police. Let me explain.
Many people have the idea that because they are the person who precipitates criminal charges being filed against a defendant---because they have lodged a complaint against the defendant with the police--that they have the right to withdraw those charges. The simple fact is that it is the Prosecutor who files the charges, not the complaining witness. While the complaining witness may tell the police or the prosecutor that they want the charges dropped, the prosecutor is not obligated to follow the wishes of the citizen.All that a complainant can do is ask that the charges be dropped, make the police/prosecutor realize that the complainant intends to testify that, upon reflection, what was initially reported to police was based on the heat of the moment and did not accurately reflect what really occurred, and that if called to the stand to testify, that the witness will recant the initial statement and testify as to the present recollection of the incident. (Note that this is only to be done if you truly believe you were mistaken---it is never appropriate to lie or to offer perjured testimony).While in some instances this will be enough that the prosecutor will drop the matter, or perhaps enter into a plea arrangement which is more beneficial to the Defendant than what might otherwise have been offered, in other circumstances the Defendant has already given a statement to the police or Prosecutor which incriminates them and there is no longer a need for the witness/victim to testify in order to prove the elements of the crime.
In a situation like that, all that can be done is to let the Prosecutor know that there is a change in recollection, and possibly request permission to file an amended statement as regards ***** *****
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.I wish you and yours the best in 2016,Doug