Legal Question in Criminal Law in Mississippi
Hi,
I am currently serving out a 5 yr probation for child support...It was also non adjudicated back in 2007. Last year I stupidly forged a check and got picked up on it. Upon going to court the detective told me that the guy (a friend of mine) dropped the charges against me and they let me go. Well, I just got a notice that I was indicted (sp) on the forgery charge....oh, I also already paid restitution to my friend. What is going to happen to me and how can they indict me???? thank you....oh, I am in Mississippi.
1 Answer from Attorneys
They can Indict you because there was a crime. It is that simple. Even though your buddy "dropped" the charge, most people do not realize it is not a "victim's" right to prosecute/drop charges, but instead it is a decision made by the person charged with the protection of the public in general. Despite the "agreement" of your buddy the District Attorney may have decided to prosecute to make an example out of you or to hold you accountable for your "stupid act" which also happened to be a "Felony" in this State. You probably will be prosecuted and you may not qualify for favorable sentencing due to your previous felony conviction. You need to hire competent counsel at once to begin negotiations with the District Attorney to show that you already made restitution and that you have reformed and that there is no real reason to prosecute you other than to use the prosecution for an example to others. Competent counsel may be able to persuade the District Attorney to refrain from active pursuit of the charge provided you stay out of trouble in the long term future, even to the extent of entering an agreement perhaps to extend your current "probation" term to ensure long term compliance with society's laws.