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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-25-2008, 11:34 AM
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dropping charges in fairfax county, VA


What is the name of your state (only U.S. law)? Virginia
I had a heated dispute with my ex outside of her house and she called the police after i left and pressed charges for threatening. Later she said that she will ask for the charges to be dropped. Now she tells me that it was told to her that it's not up to her to withdraw charges. Is this true?
  #2  
Old 12-25-2008, 11:43 AM
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Quote:
Originally Posted by divorced View Post
What is the name of your state (only U.S. law)? Virginia
I had a heated dispute with my ex outside of her house and she called the police after i left and pressed charges for threatening. Later she said that she will ask for the charges to be dropped. Now she tells me that it was told to her that it's not up to her to withdraw charges. Is this true?
Yes, it is. It's not up to her whether charges get dropped. It's up to the Prosecutor's Office.

This is especially true of any Domestic Violence related charge.
  #3  
Old 12-25-2008, 12:18 PM
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Join Date: Feb 2007
Posts: 8,285
Yes, if they continue the prosecution, you'll need a lawyer.
At this point, it's at the discretion of the Commonwealth's Attorney not the victim.
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