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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 35333
Experience:  30 years legal experience
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I have a question. My boyfriend of 3 years is now back in

Customer Question

I have a question. My boyfriend of 3 years is now back in jail ,he's on a few years of state papers and house arrest.he did a year From February 2013 to February 2014 and went back July 2014 and got release to rehab December 2014 for 30 days he came home January 2015. Within that year we had our ups down and finally this year January 2016 I decided I couldn't continue to fight our problems. So this week we got into a verbal argument and he was in process of leaving but decided since he been using a second vehicle of mine that it was okay for him to leave with it well the argument continue about that.I left the house called an officer and as we came back to my house my boy left my home entered my vehicle and drove behind the house to another family member home and exit the vehicle. Within that process of being searched weed was found on him only 18 bags.Also while being arrested he was saying threats towards me cursing me out. He did not hit me before police nor while they were present.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  LawTalk replied 11 months ago.

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?

Doug

Customer: replied 11 months ago.
My question is can I drop the charges on assault and joyriding
Expert:  Colleen Grady replied 11 months ago.

Hello Jessica. I am Colleen. I have been an attorney for 26 years. I hope I can help you today.

Expert:  LawTalk replied 11 months ago.

Hi Jessica,

Please ignore the interference from the other site professional.

Expert:  LawTalk replied 11 months ago.

Hi Jessica,

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.

Expert:  LawTalk replied 11 months ago.

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

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