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Asked 8 months ago - Stockton, CA
Flagmy brother has an arrest warrant out for torture robbery and kidknapping. A friend of his has already been arrested on the same charges and is going to court. The so called victim has admitted to lieing and said hes willing to sign an affidative stating its untrue. What happens next do charges get dropped or does my brother still have to turn his self in and go to court. Hes looking for an attorney to help him through the process.
Charge will probably not be dropped until he appears in court, More importantly, perhaps, even if charges were dropped, the warrant would not be recalled until he appeared in court. Think of a warrant as a forced invitation to appear in court.
Now, you should certainly get the victim to sign the affidavit as soon as possible, and any good lawyer will show that affidavit to the prosecutor prior to bringing your brother in to turn himself in. With any luck he can get the warrant cleared and the case dismissed in the same hearing. .
My previous answer remains the same. The DA doesn't have to dismiss the charges. These people should have aggressive counsel assist them. Stockton is no joke and the prosecutors are skilled. Many of them are trying to make a name for themselves and such. Do not hire the cheapest lawyer, hire the best.
Your brother is still in trouble.
For some reason police and prosecutors believe "victims" when they accuse but not when they recant. The recantation is still good news.
Your brother needs a good criminal defense lawyer, now.
Turning himself in would be a good idea, but only with the assistance of a lawyer.
You would not believe how many people there are who have "confessed" to crimes they didn't commit and ended up in prison.
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