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I wanted to know how do I go by getting a second degree

Customer Question
Hello I wanted to...

Hello I wanted to know how do I go by getting a second degree assault charge drop before court date

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Baltimore Maryland

Lawyer's Assistant: Have you talked to a lawyer yet?

No. It's not for me it's for my boyfriend. We was fussing and I called the police on him but I never told the officer I wanted to press charges against him.

Submitted: 8 months ago.Category: Criminal Law
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Answered in 1 minute by:
9/8/2017
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 31,564
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago

Good afternoon. What did you tell the police?

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Customer reply replied 8 months ago
It's not for me it's for myboyfriend. We was fussing and I called the police on him but I never told the officer I wanted to press charges against him. I want to know how do I get the charges drop without going to court
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago

Thank you and I do understand. As the victim, you do have a right to speak with the prosecutor assigned to the case about this and express your wishes that the charge be dismissed. It is possible that they will allow you to fill out a waiver of prosecution, to show you do not want them to proceed. However, the decision is always up to the State. I say this because this is a crime against the State and they represent your legal interest as the victim. If they want to proceed, they can and then their ability to win at trial, will likely come down to your cooperation and if you appear and testify against him. As the victim, they would need you to testify against him and if that does not happen, they would have a hard time proceeding and proving the charge beyond a reasonable doubt.

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Customer reply replied 8 months ago
Okay so do I call the prosecutor office and ask for a waiver?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago

Yes, you can speak with them and contact them and advise them of this and see if they would agree to not proceed and prosecute. As I shared though, they do not have to and could press this but if they did, your cooperate would depend on their ability to convict him and without it, they should fail.

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Customer reply replied 8 months ago
I received a subpoena letter in the mail. Do I have to show up for court
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago

From a legal standpoint, you would. Of course, if it was sent via mail, there is no way of them knowing if you received it and if you failed to appear, if they would try and find you and bring you in, to testify. A subpoena does require appearance but it would be up to you if you wanted to appear and try and speak with them and advise you want this dismissed or simply not appear and see if they would take any legal action.

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Customer reply replied 8 months ago
Should he get a lawyer? He is on Federal probation
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago

Yes, 100%. This could violate him and send him back, so legal counsel is a MUST at this time. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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