Legal Question in Criminal Law in Maryland

my boyfriend was arrested for second degree assault when he was involved in a fight, what are the chances of the state picking it up when the victim wants to drop charges, and him being checked back in because he was out on parole, but this is his first offense and first time getting in trouble since he been home in a year?


Asked on 1/22/11, 6:48 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Whether to prosecute a crime is exclusively in the discretion of the State's Attorney. The victim is merely the state's witness. Whether to proceed with a parole revocation is exclusively in the discretion of the Parole Commission. Whether it is the first violation or ho well he was otherwise doing are not relevant, but they might affect sentencing.

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Answered on 1/27/11, 1:46 pm


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