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Mario Del Prado

Mario Del Prado’s Answers

2 total

  • First time getting charged with continous family violence will the state pick charges up?

    Me and my Boyfriend got into a fight and the police was called and i had pressed charges and he was arrested. the next day i went and had the charges dropped but he still in jail will the state pick up charges how can i prevent that

    Mario’s Answer

    You cannot prevent it, unfortunately. However, whether the state actually prosecutes the case is another issue. Your boyfriend will probably get the best outcome by insisting on a speedy trial. That should force the issue - hopefully to a more successive outcome. Remember, you are under no obligation to speak to any attorney - prosecutor or defense attorney. The state cannot require you to speak with them. If you are subpoenaed you must only appear for court and you don't have to speak to anyone before that. Of course, once on witness stand you must speak truth - unless your answers could subject you to a potential criminal prosecution.

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  • I am 19 and my girlfriend is 16, her parents want to press charges against me for having sex with her, do I have a defense

    what should i do if my girl friends parents want to press charges for us havin sex im 19 and she is 16 .

    Mario’s Answer

    Under the sexual assault statute, if you were not more than 3 years older than your girlfriend, and the activity was otherwise consenual, than you'd have an affirmative defense.

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