A friend of mine was falsely accused for stalking in Northern Virginia. He was not arrested, but he was brought on charges and asked to show at court. After the first day, his attorney stated that after a month of no contact, the case will be dismissed. This is where he is confused.
The court day of dismissal is 5 days from now. (has not heard from his lawyer since last court date) so, what happens? Does the record stay or go away? Does he have to pay fees to get it removed despite he is innocent? He never got arrested for it.
Is there a system in place to punish the accuser, or can the accuser walk off and do this again at any time to him in the future? But most importantly, what should he ask his lawyer?
The facts are murky in that it is unclear whether the charges will be dismissed as part of a plea or something else. Filing a false report to police is a crime in Virginia. Therefore, if that is what the accuser did, she can be criminally prosecuted but that is at the discretion of the prosecutor. One can sue her for defamation, but it's difficult and ill-advised without consulting with a qualified attorney. If an attorney is uncommunicative, speak with or retain another.
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Criminal Defense Attorney
Whether or not he was falsely accused is a matter for a trial to determine. Apparently, he has followed the advice of his attorney and opted for some sort of diversionary program or deferment to avoid a trial. I would suggest you tell your friend to seek the advice of his attorney; that is why the attorney is being paid.
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