Legal Question in Criminal Law in Virginia

At the age of 13, this will be handled in Juvenile and Domestic Relations Court, which is mostly confidential -- especially at the age of 13. It is unlikely to be a problem for college applicatiosn or scholarships.

However, you should still fight it as diligently as you can.

I cannot tell you if it is wise or not as a GENERAL idea, without getting very specific, to file counter-charges.

First, be aware that making a false police report is itself a crime, a misdemeanor.

So you should only file a report if you can back it up and are sincere.

Sceond, if you go to the prosecutor

a) the prosecutor will probably not even open the file until the day before the court date or maybe even the morning of the court date. They are swamped. So you will probably not have much influence before the prosecutor has a chance to look at the file and talk tot he police officer on the court date.

b) you may give the prosecutor information taht will help them find your daughter guilty. For example, showing that your daughter had a MOTIVE to start a fight could be used to show that the fight actually did happen and that your daughter had a reason for it.

On the other hand, if you can successfully bring count-charges it is possible that the other girl will drop the charges (that is simply refuse to testify or cooperate with the prosecution).

It is also possible that both girls will take the Fifth Amendment, because both are facing charges.

If niether side can testify, there will not be an y case -- probably.... unless there were otehr witnesses around.

I would think that the key issue would be trying to sort out how started the fight.

That would normally be very hard. If the prosecution cannot present a clear picture of who started the fight, th ejudge will probably "abstain" and let it go.