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what kind of paper work would i need to fill out to stop ...


Sent to Legal Experts November 07, 2006 1:29 p.m.

what kind of paper work would i need to fill out to stop the state from prosecuting someone? the people that put my boyfreind in jail are not going to prosectuion him they filled out paper work for that now i need to know how to stop the state from doing the same thing
Customer (name blocked for privacy)
Status: Closed   Value: $9   
Answer
November 07, 2006 1:35 p.m. (5 minutes and 31 seconds later)
REPLIED Check Mark

Hello,

Depending on the nature of the charge, you will not be able to interfere with the state prosecuting someone.

Generally your influence is limited to if you have filed a complaint. This however DOES NOT include domestic abuse issues. A domestic abuse charge can not be revoked by the victim in most jurisdictions.

The DA's office is responsible for looking at the information presented, and seeing if there is enough evidence of a crime to warrant a prosecution.

If this does not address your concerns please let me know. More detail would help in providing a specific answer for you.


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Reply to Flagbridge-ADR
Sent November 07, 2006 6:32 p.m. (4 hours and 57 minutes later)

its not that i want to infer my boyfriend is charged with two counts of L and L on two minor children the other party has signed a waiver of proceustion not to proscute. I just need to know what more can be done his trail date is set for jan 2007 thank you for any advise you can give me on this matter
Customer (name blocked for privacy)
Answer
November 07, 2006 8:37 p.m. (2 hours and 4 minutes later)
ACCEPTED Check Mark

Hello,

To be honest the best way to assist is to have your boyfriends lawyer address the case now that the other party have waved the intention to prosecute.

The DA will generally not go forward on a case they have no chance of winning. If however you are a material witness, you can be forced to testify.

Your boyfriends lawyer needs to put pressure on the DA to ensure taht they are going to trial with enough evidence. If they are not, your boyfriend will do just fine.

If the L&L was a private adult affair with a complaint from a visitor that is one thing. if however you had filed a complaint about it, and the children had been involved in any way, then the decision rest with the DA and the ability of your boyfriends lawyer.

If that is that case you wont be able to remove or file to have the complaint removed.

Let me know if you need any more information.

Cheers.



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