My credit card was used to buy a carton of cigarettes. They have video of him and he was charged with IDENTITY THEFT and USE FORGED CR/DEBIT CARD <$300. I have known him for over 10 years. I was angry. Then found out he is addicted to heroin. He has admitted guilt. I would like to drop the charges or ask that he goes to drug rehab. I now know he is a convicted felon for forgery in Colorado and an assault in Illinois. He is on parole for the assault when arrested. If the charges aren't dropped, he will also get time for violating parole. He will pay back the money. He's a good kid, just went down the wrong path. He has a public defender and court is on 07/10/2015. Who do I talk to, what forms do I need to fill out? I have not been subpoenaed for the trial, should I show up
There is nothing you can do or fill out that will change the direction this case is going to take. You have no authority to drop the charges. It is up to the state's attorney to decide what to charge and how to prosecute. You are the victim, not the plaintiff. All you can do is speak to the state and ask for consideration for your friend. However, the state is under no obligation to listen to your request.
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You cannot drop the charges. You can call the states attorney and let them know you would like him to get treatment. Also call his attorney and ask for additional advice.
The charges are not yours to drop. The very meaning of a criminal charge is that it is brought, not by an individual for a private wrong, but by the public prosecutor on behalf of the people of the state for a crime, which is committed against society as a whole. It is the prosecutor who files and, sometimes, drops charges, not an individual. You can talk to the prosecutor and put in your two cents, but that is about what it is worth. The public defender is perfectly well aware of the statutes providing for drug court, mental health court, and other special remedies. If you have any helpful information you could give it to the public defender, and you can assume it will be used. His prior convictions, of course, will count against him.
It may come as a surprise to you, but most people facing criminal charges are, fundamentally, good people who have done bad things. The judge already knows that.
Victims complain. Police investigate. Prosecutors charge. Judges judge. You see where this is going? You play no role in the charging decision. Send a letter to the SAO expressing your wishes. It will help the defendant.
Your humane outlook is laudable but addicts will break your heart.
For what it's worth, you can write to the state's attorney and tell him you are not interested in seeing him prosecuted, and that you won't voluntarily cooperate with the prosecution.
The other lawyers are right. It is not up to you whether the case is prosecuted or not, and the state's attorney may have enough evidence (the video) to prosecute without your cooperation. And finally, they can compel you to testify by supoena. But again, the state's attorney may be less enthused about prosecuting a case where the victim isn't interested in seeing the case proceed. But they may be looking at his record and have concluded that he is a bad apple--and they may have a point.
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