It's not true. The decision is entirely up to the state. They may take her desires into account in making their decision.Ask a similar question
I agree with my colleague and would like to add that he should be careful believing the sergeant when it's no longer his call after the arrest was made.
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While the State may take it into account, they are not obligated to drop the charges upon her request. It is a criminal case, so your mother is not a party to the case. However, I'm not saying it is useless for her to send in a statement asking for the charges to be dropped as it may help your boyfriend.Ask a similar question
The advise that you mother allegedly got was nonsense. Utter and complete nonsense. Once the State has the case it is theirs to prosecute, or not, on behalf of all of the people of the State of Florida, not just the victim, and no one person (or persons) can tell the State what to do in a criminal case.
That said, in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: http://www.flsenate.gov/Laws/Statutes/2011/Chap...).
Still, and agin, in Florida the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.
I hope that this has been helpful and wish you the best of luck!
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This is precisely why only lawyers can render legal advice, yet in my experience, cops often do so, and as in this case, they are usually wrong.
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It is completely up the the state attorney's office. Your boyfriend needs a defense attorney. Cops, clerks, and many paralegals just love to give legal advice. It is frequently wrong.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.Ask a similar question