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I have a civil matter in the state of WI that my 19 year old

Customer Question
son and my 17 year...
I have a civil matter in the state of WI that my 19 year old son and my 17 year old almost 18 year old (only 2.5 months from turning 18) were in a sibling altercation that resulted in a defensive bruise on the younger victim..he was charged with several outrageous charges by the charging officer however when he was taken into custody he was never read his Miranda rights and was completely cooperative thru his arrest and everything that followed....he was bonded with a no contact order on our residence however not the victim herself and I recently contacted the court after her 18th birthday and she moved out to have his no contact order retracted so he could come back to our home....several questions have now transpired since the original bond placement and the amended bond that were not in the original woring
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: highland, wi
JA: Has anything been filed or reported?
Customer: yes, he was charged with felony battery, child abuse and disorderly conduct...social services already unsubstantiated the child abuse however the now misdemeanor battery and disorderly conduct are still moving forward
JA: Anything else you want the lawyer to know before I connect you?
Customer: can I as the parent of the minor child hire my own lawyer to dismiss all charges if the minor child chooses to retract her original statement?
Submitted: 3 months ago.Category: Criminal Law
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Answered in 1 hour by:
8/2/2017
Criminal Lawyer: Marsha411JD, Lawyer replied 3 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,417
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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Hello,

Thank you for the information and your question. No party, except the prosecutor for the State or the court (judge) can dismiss a criminal case. Something that many people don't realize is that the alleged victim in a criminal case is not who is being represented by the State, it is the people of the State. In other words, violation of criminal laws are crimes against the "State." That means the although prosecutors and courts will give the appropriate weight to the statements and wishes of the alleged victim, the victim does not get to decide what happens to the case once it has been reported, an arrest made and charges filed.

Hiring attorney, unless you are hiring a criminal defense attorney for your eldest son, will do absolutely nothing to change the outcome of the case. Your son's criminal defense attorney has a duty to your eldest son to defend him from the charges, if he or she believes that having your daughter testify differently than her initial statement will actually help your son, then he or she will call her as a witness. If they don't think that testimony will be helpful because they don't believe that the court will believe the change in her story, then they won't call her as they cannot knowingly put someone on the stand that will make a false statement. In any event, your daughter can contact your eldest son's attorney and let them know how she is willing to testify and the attorney will take it from there.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to explain the law of the issue to you, then the Site will give me credit for assisting you today. Thank you

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Criminal Lawyer: Marsha411JD, Lawyer replied 3 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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