The victim does not press charges, the government does. Because the victim is not the plaintiff, they also cannot dismiss the charges. If you have been charged with felony assault, you absolutely need a lawyer to represent you. This is not a case that will go away on its own, or that you can handle on your own.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
Whether or not to go forward lies within the discretion of the prosecutor... But they always welcome victim input. Talk to your victim advocate, they are there to help.
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http://www.defendme.net | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.
In a word, no.
Get an attorney.
Two, do not talk to the "victim" about the case. Personally or through some one else.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
My colleagues are correct. You need to hire an attorney and avoid contact with the victim if at all possible. If you discuss the case with that person and the prosecutor finds out you could be looking at a witness tampering charge.
The prosecutor will take into consideration what the victim wants, but even if the victim does not agree with the charges the prosecutor has filed they cannot demand that the charges be changed or dropped.
I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.
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