is it true.....?

Question

that after the state picks up a case,and you keep trying to tell them that you want the charges dropped,that before the court date you can make and appeal before a judge to get your case back from the state?cause I am in situation right now and and friend of mine was in a situation with her mom where her mom stole her car and dragged her up the street with her hanging out the car and the state was telling her THEY were going to press charges against her mother,cause she didnt want to so she went to night court and talk to a judge to tell him that she wanted her case back and she wanted to make an appeal,and the judge gave her another court date, and they asked her was she sure she wanted to drop the charges and when she said yes,the wrote null invoid on the case.Has anyone ELSE heard or experienced anything like that?cause i need to know EXACTLY what to do and how to do it so I wont continue to ruin my sisters life.serious replies only,that know what they are talkin about,thank you

Answer 1

Shag I wish you people would learn to use punctuation - or at least stick a blank line in once in a while.

I read some of your question and then switched to chewing glass - it was nicer.

Cutting through the waffle, if the State wishes to press charges, you do NOT have the right to "drop the charges" - the State has already invested time and effort into preparing a case and is MOST unlikely to wish to drop them.

If you think there is a legal or technical point that should make this an exception, speak with a lawyer. If you canot afford one, get a court appointed lawyer to advise.

It also depends on what the case is about - I think you went on (and on and on) about your friend but didn't actually tell us about YOUR case.

Speak with a lawyer - but generally speaking once the state has an interest in a case your wishes are NOT important with regard to whether the case proceeds or not..

Mark

Answer 2

If the prosecutor thinks he's got enough evidence to proceed with a criminal prosecution, he can, no matter what you say or do.

Talk to the prosecutor and try to persuade him to drop the case. I don't mean, call and leave him a message or email him. I mean, make an appointment, dress up nicely, and go down to his office. If you think it'll help you to have a parent or lawyer there, bring one.

The hard part is this: you have to confess what you did, and sincerely. You may get in trouble for having made a false statement, but you did it, and now you have to undo it.

Here's another idea: write down what you did, and what your sister didn't do. It has to be 100% truth, because you're going to swear to it. Have someone else read it, re-write it, and type it for you, so it will be clear for the judge. Have him type in a signature line, but don't sign it yet. Find and go to a notary public--law office, bank, or town hall--with picture IDs, and ask him to "take your acknowledgment." Then sign it, and he'll take your oath ("I swear this is all true") and notarize it. It's now an affidavit. Make and keep a copy. When you talk to the prosecutor, give him the original affidavit.

I hope you do the right thing, anyway. Good luck.

PS I read your earlier post and it was a different story. When are you going to stop making up lies? Isn't that how you got into this mess to begin with?

Answer 3

It depends on what the charges are. If it is a simple case then that is one thing but if it is a felony then once the charges are brought up against your sister, then you can not stop the process. I can't see how your friend got the charges of grand theft auto and assault dropped on her mother in all honesty. I would not be so sure that she is telling the truth in that, unless it happened a long time ago.

So if the charges against your sister are serious enough, you will not be able to stop the process once it has been started.

Answer 4

In cases of assault involving family members it is called Domestic Violence. Even if the the victim does not wish to press charges the state can for them regardless of her wishes. It was enacted to prevent battered wives from being threatened to not pursue charges against the battering husbands. It was later amended to include live in boy friends and other family members. If the DA decides to prosecute and there are facts supporting the case like documented injuries, a judge cannot dismiss the case because the victim refuses to cooperate. What you are saying if the judge in night court dismissed the case - he cannot do.

Answer 5

Because unlike on TV, its not the complaintant that brings up the charges, the the People of the State and they are represented by the District Attorneys office. They wont let people decide to change their mind because that happens almost everytime in the case of domestice violence and then a person ends up getting seriously hurt or worse. Thats why the state will not let you drop charges.

Answer 6

We do not consider sister on sister violence as domestic violence where charges are mandatory (here in our city).

I am willing to bet my paycheck that the officer that came to your house to take your complaint tried to convince you let things go because your sister is family but then you insisted on charges being laid.

I have dealt with many situations where I have spent hours on a case preparing it and interviewing witnesses, just to get to court and the "victim" wants the whole thing dropped. This is after they INSISTED that I lay charges, DEMANDED that I lay charges.

I think that you should be able to drop the charges, but then you should also be liable for all the associated costs.

Okay, sorry a little bit of venting here, but I think people need to be held accountable for their decisions.

Answer 7

If you want the TRUTH, rite out of the Law Journal, Contact Me, THIS IS NOT AN ATTEMPT TO SOLICIT, WHAT INFO I PROVIDE IS FREE!

Answer 8

No it's not true