What to do if I am facing a criminal trasspass charge but the vctim wants the charges dropped?
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What to do if I am facing a criminal trasspass charge but the vctim wants the charges dropped?
The arraignment is in 2 days. My friend is the victim, The misunderstanding has been resolved and she wants to drop charges. She spoke to the DA and was told that it didn’t matter if she wants to drop them or not, that the DA was picking them up. Do I have any options for not facing this charge? My history isn’t clean. About 13 years ago, I was charged with robbery 2, burglary 2 and assault 1, for which I did 70 months for. I got out 7 years ago and have been a good girl since. I work full-time and have my life going. Am I screwed or what?
Asked on December 4, 2012 under Criminal Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, it is not up to your friend. She is the "complaining witness" in this case--that is, while she was the victim, she is not in control of a criminal case, the way she would be if this were a civil case and she had brought the lawsuit. Rather, the "state" (as represented by the DA) is the party bringing a criminal action, so it can go ahead even if your friend wants the charges dropped. Retain an attorney to help you; a good criminal defense attorney may be able to convince the authorities to drop the case, and/or exploint any weaknesses in the case to get it dismissed.
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