My son's father (ex husband) has a criminal case for grand theft, elderly abuse & contracting without a licence. It has been heard a few yes & put off to a later date about 5 times so far buying time.
He is on permanent disability, posed as a licenced contractor, apparently stole something from the elderly woman he did a job for & is on probation.
He claims he by law can contract without a licence for certain jobs & the elderly woman will drop the charges.
Does this mean the case will be dropped? There is a Prelim Readiness Conference scheduled next month with a preliminary hearing set the following day. Is it possible he could walk away from this? He has a a criminal history for fraud, grand theft, embezzlement, robbery, insurance fraud etc. We live in California.
Individuals do not have the ability to bring or drop charges. Only the prosecutor has that ability. The victim can let teh prosecutor know they don't want to proceed, but the prosecutor has final say. They also have the ability to subpoena the victim to force them to testify. So no a victim can't decide to drop charges. Your ex needs an attorney.
Your son's father appears to be engaged in some wishful thinking. The victim can tell the prosecutor that she does not wish to go forward, but the prosecutor has the final say. Given his record, I suspect that most prosecutors would be highly motivated to go after your son's father, particular where the victim is elderly.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
As the other attorneys have answered, the victim cannot dismiss the charges. It is unlikely that a district attorney would agree to drop charges that involved an elderly victim against a defendant has a long criminal history of theft and fraud charges.
If you ex is in contact with the victim he could be facing a couple more felonies for dissuading a witness and committing a felony while on felony bail. Vulnerable victims get extra protection.
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