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If warrant has been issued for robbery kidknapping and torture and victim recants story do charges get dropped

Stockton, CA |

my 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.

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Attorney answers 3

Posted

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.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Posted

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. .

Posted

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.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm

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