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backing out of charges

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carmenreed

Guest
This is in regards to Maryland law...

I filed a complaint against my husband out of anger which brought about charges ranging from 1st deg. rape to assault to theft. I was unaware at the time of the penalties/sentences involved and the shear magnitude of what I was doing was lost on me -- I was just mad at him for cheating on me. I gave a taped statement to police and provided them with pictures and a letter as evidence. He and I have since reconciled. He got himself in trouble in PA for running from the police there and will be up there for a while. I now want to "drop" the charges but I know that I can't. What can I do to get the state to drop these charges?? Can I evoke my marital privilege? Is the taped statement and other evidence enough to prosecute him without my testimony? How do I proceed to have this mess go away?

Thanks in advance.
 


JETX

Senior Member
"I now want to "drop" the charges but I know that I can't. What can I do to get the state to drop these charges??"
*** You pretty much answered that in your first sentence. You can't.

"Can I evoke my marital privilege?"
*** Yes, you can decide to not testify against him, but they very likely have sufficient evidence already.

"Is the taped statement and other evidence enough?"
*** We don't have the opportunity to review the evidence, so can't answer that. I can say that, in my opinion, it is very likely sufficient.

"How do I proceed to have this mess go away?"
*** You don't. Once you made the complaint, you pretty much put it out of your hands. In fact, you aren't even the 'complainant' anymore. That is now the state. The entire reason for this was that a huge number of spouses were being mistreated and, after sobering up or realizing that they really 'loved each other', they would drop the charges. In some of these cases, the next beating caused permanent injury or death. The states then decided to take the spouse out of the picture and charged the state with the right (and obligation) to bring the charges and prosecute.
 

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