Dropping Charges -- What's the Law???

[Ydduh]

What is the name of your state? Virginia

I was recently robbed at my home by a "friend" (his age: 20) whose family I have known for years. He called before he came, rang the doorbell to my apt, appeared at the door, innocently enough greeted me when I opened it, then he proceeded to strike me, throw me down, then put me in a chokehold as two masked accomplices entered, one with a bat, one with a handgun. They led me to cash kept in my room, and made off with a large sum of money in addition to my handgun which they encountered while rummaging through my room. They left, and I called the police, and filed all the standard paperwork. This includes statements, police report, photo lineup, etc., and what I remember is a few "sign here" papers whose content basically equated to "..this means you want to press charges.. you promise to appear in court, promise to cooperate in full.. etc." Now, just days later, he's been arrested, on a college campus, with a handgun (police haven't told me whether it's mine). In Virginia there are stringent minimum sentences for illegal guns ([url]http://en.wikipedia.org/wiki/Project_Exile[/url]). I've spoken repeatedly with the perp's family, and, while no party feels he should go unpunished and that I should go without the satisfaction of seeing him punished appropriately, we think the 20 yr (minimum) sentence facing him is a bit extreme, taking into account his age, and the view of his robbery as some complete mental breakdown whose source the family must determine and resolve. Further, I am not much older than him, and can comiserate regarding the pressures when you surround yourself with a crowd brainwashed by the prospect of instant gratification.

Now I've read the highly frequent "punish him!!!!" respones here that are clearly evident in my 5 minutes of browsing for any related existing posts before creating this thread, but, if we put that talk aside for second, I am more so seeking strict ( free =) ) legal advice, not personal/emotional advice, as I am very satisfied with the 5 year minimum sentence imposed by Project Exile (presuming the gun he was caught with was not mine.. otherwise.. if it was my gun.. the below question may complicated by this development)


THE QUESTION IS... In this type of case (armed robbery/aggravated assault/theft/burglary/use of firearm in comish of felony/and whatever else u all can think of) and in light of the documents I signed which promised cooperation, am I legally able to formally drop my charges against him without legal consequence (misdemeanor charge and/or arrest, or otherwise unreasonable detainment for questioning, general maltreatment by police).What is the name of your state?

[Shay-Pari'e]

Do you realize the state is charging him and not you? You have nothing to say about his punishment.

[BL]

Also , if you fail to co-operate as agreed , you could face contempt of court and incarceration yourself .

[Ydduh]

So... in short.. if I'm understanding correctly.. #1 the charges "aren't mine" to drop -- the State has absolutely power to proceed as they see fit & #2 I could be jailed for failing to appear when subpoenaed, or otherwise for stopped cooperation with police

?

[racer72]

Let this thug go and the next time him and his buddies rob you they might decide to put a bullet in your brain to insure you keep quiet. Even with a 20 years sentence, he could be out in as little as 7 years. At 20 he is a legal adult, and as they say, don't do the crime if you can't do the time.

[seniorjudge]

Originally Posted by Ydduh

So... in short.. if I'm understanding correctly.. #1 the charges "aren't mine" to drop -- the State has absolutely power to proceed as they see fit & #2 I could be jailed for failing to appear when subpoenaed, or otherwise for stopped cooperation with police

?

Yes on both.

[Jdolittle69]

but being a victim in the crime, you will have a chance to speak in court. I think it would weigh hevily on a judge if the own victim thought the minimum was too harsh...

JD

[mike_lee]

by now you realize the state can prosecute him weather you press charges or not. What i think you mean is.

OK this kid thinks he wants to be a gangster and so far it's been romantic and exciting because there has been no penalty. But now that the reality of his actions have caught up to him this is his first real opportunity to see exactly the nature of his actions. In the past this is the point where a judge traditionally is able to give a defendant a second chance. but with mandatory prison time i feel certain we'll lose this kid for ever. What he did to me was bad but not as bad as the punishment you are suggesting. I cannot with good conscience assist in destroying this boys life.

[Kane]

I'm not from Virginia... but around here a 20 year sentence for a 20 year old with no prior history... would be excessive.

The whole "drop charges" thing drives some lawyers crazy, because it doesn't correspond with any real legal concept.

As others have said, it's the state of Virginia that's prosecuting him, not you. You're victim, and a witness, but you're not responsible for, or in control of, the prosecution of the case.

Having said that, prosecutors (at least where I'm from) generally want to know what the victim wants to see happen in the case.

If you tell them you don't want to see this guy go to prison for 20 years, they'll take that into consideration.

Having said all that... none of this is really your responsibility, including deciding what happens to him... and it's not your fault he did what he did.

[Ydduh]

mike_lee: EXACTLY.

In my experience, in Virginia, the prosecutor won't want my opinion. So the sole legal recourse really is to during testimony, find a way to express my feelings about the whole situation and punishment, etc.? I assume they won't allow me any monologue, similar to lawyers' closing statements, so I just have to depend on either the prosecution or defense to ask me some question that allows me an answer of that "how I feel about punishment" type? If nothing else.. in ref. to a "have u ever experienced amnesia?" post I saw as a response to a "do I have to company with a subpoena in a non-spousal family member's trial" post on this forum.. when does forgetfulness of certain detail constitute a court's view of one having filed a false police report or committed perjury?

[seniorjudge]

Note to self: File under RECIPE FOR CONTEMPT CITATION

Originally Posted by Ydduh

mike_lee: EXACTLY.

In my experience, in Virginia, the prosecutor won't want my opinion. So the sole legal recourse really is to during testimony, find a way to express my feelings about the whole situation and punishment, etc.? I assume they won't allow me any monologue, similar to lawyers' closing statements, so I just have to depend on either the prosecution or defense to ask me some question that allows me an answer of that "how I feel about punishment" type? If nothing else.. in ref. to a "have u ever experienced amnesia?" post I saw as a response to a "do I have to company with a subpoena in a non-spousal family member's trial" post on this forum.. when does forgetfulness of certain detail constitute a court's view of one having filed a false police report or committed perjury?

[Kane]

Originally Posted by Ydduh

mike_lee: EXACTLY.

In my experience, in Virginia, the prosecutor won't want my opinion. So the sole legal recourse really is to during testimony, find a way to express my feelings about the whole situation and punishment, etc.? I assume they won't allow me any monologue, similar to lawyers' closing statements, so I just have to depend on either the prosecution or defense to ask me some question that allows me an answer of that "how I feel about punishment" type? If nothing else.. in ref. to a "have u ever experienced amnesia?" post I saw as a response to a "do I have to company with a subpoena in a non-spousal family member's trial" post on this forum.. when does forgetfulness of certain detail constitute a court's view of one having filed a false police report or committed perjury?

Talk to the defense attorney - if it starts to move toward trial, he'll be looking to talk to you.

Keep in mind that he's legally and ethically obligated to advance his client's interests - not yours.

There's no legal way to get out of a subpoena, and lawyers - at least in my state - are prohibited from telling you to do it.

If the defendant's lawyer knows you're trying to help the defendant (and he probably does), he'll call you to testify at the sentencing phase, if there is one.

Most cases result in plea bargains - meaning the state and defense reach an agreement about what the punishment should be.

[Ydduh]

Thanks, Kane