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Unfortunately, only the state attorney's office can file charges, and it is the state attorney's office that would have to decide whether or not to dismiss the case. You can certainly express your concerns and wishes to the assistant state attorney handling the case, but the decision is ultimately theirs. The state attorney's office could continue the case and issue a subpoena for you to appear and testify and if you don't show up, the court can (and likely will) issue a bench warrant for your arrest for contempt of court.That said, many, many cases end up pleading out before they even go to trial -so it may be that you never have to come to court at all and the case pleads out.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!Once satisfied with the answer, please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Thank you!
As far as the restraining order, given the nature of the crime, I would not be surprised of the ASA asked for, and/or the court ordered that should these individuals be released on bond, that they have no contact with you, which is exactly what the restraining order would do, and therefore you wouldn't have to take the time to necessarily go to court for that. Certainly something to discuss with the state attorney's office when you talk to them.
What you read is incorrect I'm afraid. A private citizen cannot press charges, despite how it always looks on television. Police can take reports but the decision whether to file charges (even after an arrest) is in the hands of the prosecutor. Therefore, the police could arrest someone one one charge, but the prosecutor can add or take away charges, increase a charge from a misdemeanor to felony or vice versa, etc. Once charges have been filed, absent the judge dismissing a case, the prosecutor makes the determination what direction to take the case. So that is why I said you'd need to discuss with the prosecutor your specific concerns and why you would rather the matter be dropped. I don't see them doing that, but you have nothing to lose by speaking with the state attorney handling the case.Regrettably, written testimony is not an option. A defendant has the right to confront a witness against them so you must appear and answer questions from both the prosecution and defense.
If they are looking at 30 year sentences, then I would think these individuals must have prior criminal convictions, because there is no way they would be facing that kind of maximum sentence, or are you saying that's the plea offer from the state attorney, and so they're going to roll the dice at trial? Even so, if it is, a plea offer takes into account the nature of the crime and priors, so there must be a criminal history here.I certainly understand your concerns and why you would prefer having a no contact order. If there was a way for you to simply drop this case, I'd absolutely tell you! But as I said, since that decision rests with the prosecutor, you need tell the assistant state attorney handling the case and stress all of this to them.And no, there's no charge that a defendant could bring upon you the victim.
That's unrealistic to expect a polygraph. They're not admissible in a criminal case because they're not reliable, so aren't used as evidence.
And the defendants' lawyers may wait on the "discovery" (evidence) that the state has before they negotiate a plea. Normally the state offers a plea first after they've had the opportunity to review evidence. What they're offering would certainly be less then the maximum a judge could give them if they lose at trial, but with 2 home invasions now? It's still a lot of prison time, no doubt.
Thank you for your reply. Sorry for the slight delay, as I stepped away to eat some dinner.I would imagine you would only have to give testimony once. I don't know how many days it would take (I wouldn't think more then one) but I don't see you having to come back multiple times.As far as proof, that's harder for me to answer because I don't have the evidence in front of me to look at, and I don't want to assume. There could be statements made by the defendants, other witnesses, or the police may have found stolen items in possession of the defendants, just to name some possible examples.
Was there anything I could clarify about my answer or additional information you needed?