I am charged with sexual battery but the complaining witness does not wish to press charges or testify, what are the chances that a lawyer can get this dismissed at arraignment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I am charged with sexual battery but the complaining witness does not wish to press charges or testify, what are the chances that a lawyer can get this dismissed at arraignment?
I am charged with a Class 1 misdemeanor. The complaining party expressed that she never filed charges, never wanted to file charges, and will not be filing charges and wishes to not pursue this or testify. She was asked by the police officer filing the report if she wanted to file charges multiple times and she said no every time.
Asked on October 2, 2017 under Criminal Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Whether or not to file charges is up to the state, not the alleged victim. Accordingly, if there is enough other evidence sufficient to support a conviction, then the victim's testimony and cooperation are not necessary. In other words, the case can still move forward without it. That having been said, legal represention may result in the charges being dropped, depending on the circumstances. At this point, you should consult directly with a local criminal law attorney as they can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.