Can I sign a Waiver of Prosecution as a victim?

Question

Can I sign a waiver of prosecution as a victim, so they won't prosecute the defendent in a case? Where would I obtain such a form. This is something I want to do and the prosecutor has never offered me one even though I have spoken to him and told him I want the charges dropped. The State has picked up the charges, and I plan to call him back and let him know if he Subpeon's me, that I plan on invoking my 5th ammendment rights. Even though I signed a sworn statement under duress, can I invoke my rights on the 5th ammendment and be compliant?
Thanks

Answer 1

It is the states responsibility to protect the public from harm.

Consider this.
I bump into an old friend and we meet for drinks.After the 4th drink he becomes violent toward me and others at the bar.I tell him to cool it,he storms off and returns with a pool cue and hits me from behind.I wake up in the hospital with 25 stitches in the back of my head and a police detective standing over me.He informs me it was my "Friend" that committed the act.I think about it and decide not to press charges because after all I am still alive.Two nights later my "friend" is drinking at another local bar and strikes a patron with a chair killing a father of three.
"Question" Who is responsible for this mans death?
"Answer" I am.

By trying to give my "friend" a break I neglected to consider how his behavior may be harmful to others.
By trying to "spare" my "friend" the ordeal of a trial and possible time in jail I made it possible for him to take the life of an "innocent" father of three.
Do you want the victim of a rape to not press charges against the rapist,only to find out days later he raped and killed a 12 year old?............."Your 12 Year Old?"

Answer 2

Waiver Of Prosecution

Answer 3

~Bad news, toots. It was never your case to drop. Criminal prosecutions are actions between the state and the defendant. The prosecutor has full discretion as to how the case will be managed (subject to plea bargaining limitations and like restrictions). You are nothing in the suit and you have no standing to do anything in the case whatsoever, except possibly to be a witness if you are called to testify .

Under the right circumstances, the statement you already affirmed could be used in lieu of your testimony. It will surely be used in your perjury trial if you decide to change your story.

Try taking the 5th. It doesn't apply. On the off chance that you could make it stick, the prosecutor will simply grant you immunity. No chance of self-incrimination once that happens. Continue in your refusal, it's called contempt and possibly obstruction of justice. Off to the iron bar hotel you'll go.
[Caveat: if you lied in your deposition, telling the truth at trial could be inculpatory and you could invoke the 5th. If such is the case, make sure the immunity conferred in use immunity as well as transactional immunity. On the other hand, better still, if you lied, fess up and take your lumps and let the real victim here, the defendant, off the hook.]

If you are the one who involved the police, enjoy laying in the bed you've made for yourself. Next time, don't make the call if you don't intend to go the route.

If this is DV, the prosecutor may be doing you a huge favor, possibly keeping you out of a hospital or grave. How many times do some people go back for more until they finally get some sense beat into them. Clearly you are the victim of some crime here. Otherwise you would not believe you had some non-existent right to make the case go away. With luck, justice will be done in spite of you.

Answer 4

This Site Might Help You.

RE:
Can I sign a Waiver of Prosecution as a victim?
Can I sign a waiver of prosecution as a victim, so they won't prosecute the defendent in a case? Where would I obtain such a form. This is something I want to do and the prosecutor has never offered me one even though I have spoken to him and told him I want the charges dropped. The State...

Answer 5

Declination Of Prosecution

Answer 6

there is no such thing.

In private law cases the client is the boss of the lawyer for that law suit.

In criminal cases the victim is not the prosecutor's client..you are only a witness. You cannot demand he not press charges...you can only ask and if it is up to him he can choose to agree or not. In some crimes you can't drop charges...for instance in domestic violence cases in many states you cannot drop charges on the judge can dismiss it.

You will not receive this form because it does not exist and it is up to the prosecutor to decide if he will go forward with or without you.

But note: if you don't cooperate he can ask the judge to find you in contempt of court and jailed....they usually don't do this to the complaining victim but it can happen.

By the way the 5th Amendment rights you are claiming don't apply to you in this case. It only applies if you will incriminate yourself...by being the victim you can't incriminate yourself unless you are saying you lied and it never happened.

So again if you plead the 5th you could be found in contempt.

As for Duress it will be hard for a judge to find that you were under duress when filing charges...you would have to prove that someone forced you to go to the police and then you filed charges the prosecutor or police forced you to do it or threatened to send you to jail....hard to prove...unlikely as this almost never happens.

Answer 7

Yes you can do that, but it means you waive YOUR right to prosecute. It means you can't make any claims against the perpetrator. It does NOT mean the state can't bring charges (criminal charges) on your behalf. As for your 5th amendment rights, you can be compelled to testify anyway because you are the victim and NOT the defendant. As for signing a sworn statement under duress, if the statement is false, you need to own up to it NOW. Tell the judge!

Answer 8

This sounds like a domestic situation. You can invoke the 5th only if answering the question would incriminate you. It used to be that if a victim wanted the charges dropped, they usually were. But so many female victims were too afraid to file charges, the state then filed on its own based on what the victim initially told them.

Answer 9

Here's a civics lesson...the 5th amendment only protects you from self incrimination, it doesn't mean you can't be compelled to testify.

BTW "victims" like you make me sick to my stomach. You are an enabler. Sworn statement under duress huh. Well then don't call the cops the next time your boyfriend attacks you and suffer the consequences in silence.

Answer 10

The State has the right to prosecute even if you drop your suit. The 5th Amendment applies to defendants bearing witness against themselves. You may be treated as a hostile witness, and be placed in contempt if you refuse to testify. It's not a given. But if the judge chooses to push it, you may.