Monday, July 13, 2009

Court case...sexual assault of a child?

ok..if i dropped charges but they didnt tell me man that done it to me so that they can try to get him to plee guilty so that atleast he'll get probation...If he finds out after the court sentences him probation that i dropped the charges...can he do anything about it?
Answers:
If you dropped charges, he will probably go free. ******
Your story is changing. Your original question says that they want to try to get him to plea guilty so he'll at least get probation. You don't say anything about him already being sentenced to 6 months. Are you making this up as you go along? And YES, if you change your story in any way, he CAN and probably WILL appeal. As a matter of fact, he'll probably do that anyway.
No even if you drop the charges the state will still go after him and prosecute it.
The state is the complainant in such a case. If you drop the charges the prosecutor will still go after him. If you retracted your story then it would be a different matter.
I couldn't get much out of your question, but why on earth would you drop charges against child abuse? If he did it, hang him.
Depends on the state. In many states, it is the court that files charges against the suspect, not the victim, in the case of assaults against children. The child cannot drop the charges.

The trick is, if you retract your testimony, then even if he pleads guilty, a good attorney should be able to overturn it arguing several technicalities and procedural issues.
The state can chose to continue prosecution even if you dropped charges. If the state feels that this case is valid--they can continue in the best interest of all.
Why would you drop the charges? Didn't you say that he assaulted sexually a child?

Let him pay for his crime. Your not making any sense.
In most states, YOU don't drop the charges. Charges are brought by the state.
You might be a main witness or the victim.

If he pleads, then he pleads. If he finds out later that you would not have testified against him, too bad, dude.

WHY would you want to "drop charges" against someone accused of sexual assault of a child, unless you think he didn't do it (and your question implies that is NOT the case).
Yes, he can't if he was sentenced by a jury. amendment #7
No, he cannot. The fact is that once it has been determined that a crime has been committed, it doesn't matter if you dropped the charges. The state has the right to pursue justice, regardless of whether or not you want them to. If the guy committed a crime, he has committed a crime against the state regardless of your status. This is a necessity, ESPECIALLY in cases of sexual assault and domestic violence. Just because you decided to drop the charge does not mean he did not commit the crime, and it does not mean that they don't have evidence against him. If he committed the crime, then he is a danger to do it again to someone else. The state is obliged to pursue the case at all costs to protect everyone. You are actually doing a disservice to that guy's next victim by dropping your charge, but it is understandable. It is a difficult thing to go through on your end. Good luck!

P.S. The exception to the above is if you were not actually assaulted and that is why you dropped the case. He would not be sentenced, however, if there was not some kind of evidence that suggested he was guilty, so I did not assume this was the case. Just wanted to clarify that exception, in case you wondered.
girl you need to articulate! I don't get much of this... the lil i get is that you change your mind on a charge you did. when is rape, or molestation it really doesn't make a difference the prosecutor will go on foward with it. HE has alrerady know that you press charges, and chances are that he won't know that you changed your mind...get a protective order when his time is up, he still has to report so we all get to know where he lives through http://www.familywatchdog.us/

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