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How would you get charges droped?
05-08-2013, 11:53 PM
Post: #1
How would you get charges droped?
The victim and offender where both minors at the time of the charges. The victim moved and never gave statements because could not be found. A plea was taken no trial. Due to all the social media we actually found the victim and the victim said they never wanted to press charges in the first place it was the parents (who the victim was removed from and placed into foster care during all this) who pressed the charges. We the offender was not informed of any of this by our lawyer. My suspicion is because they where minors. We had a court appointed attorney who obviously did not serve us well. Due to the new laws records are no longer sealed for minors.
Ok no they did not have sex - only kissing in the hall at school... and no records are not sealed any more... even when it is a misdemeanor... Ok so can the offender decide to challenge the charges requesting to go to court and not take the plea - since he was a minor and did not make the decision for himself and now he is not a minor? I was told that due to the time frame in history that the state made mandatory that all complaints be persecuted. This was back when 2-3 girls went missing due to a predator... Kissing in the hall in middle school is NOT predator behavior, but bc the charges are still showing even though that was not the conviction it is causing problems getting jobs... There has got to be something we can do... I was told it would only show up as a battery misdemeanor. That is NOT how it shows up.

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05-08-2013, 11:59 PM
Post: #2
 
If the child was a minor she could not provide a police report.
No one can press charges except the Police after an investigation.

The minor's parents can definately provide a police report.

The lawyer of the accused would deal with his parents.

Only the DA can drop /dismiss charges.

All juvenile records of minors except violent convictions) can be sealed at 18 by going back to court and asking.

2 minors having sex rarely results in a charge.

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05-09-2013, 12:13 AM
Post: #3
 
The victim and/or the parent do not file charges. They simply file a complaint. It is the prosecutor (on behalf of the state) who presses charges.

The victim can not drop charges. Only the prosecutor can drop charges. The victim can only discuss their concerns with the prosecutor who makes the ultimate decision.
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