Legal Question in Criminal Law in Virginia

My boyfriend was arrested today by Richmond City Police for what they said was a capius from Petersburg, VA. This capius is due to the mother of my boyfriend's child kicking her own door in and calling the police stating that he did it. She did this more than three years ago. Upon talking to his mother I found out that my boyfriend's ex-girlfriend wants to drop the charges and tell the judge the truth but is scared to because she thinks she'll get arrested. My question is can my boyfriend really get jail time for something he did not do and if his ex decides to tell the truth what would be the right thing to do to resolve this matter?


Asked on 3/16/10, 9:30 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If all that you claim is in fact true, of course, the proper resolution of this legal imbroglio would be for the ex girlfriend to confess her false police report to the proper authorities and then for the Commonwealth's Attorney in charge of prosecuting the case against your son to nolle (drop)it.

In the meantime your son had best be seeking the services of a competent criminal defense attorney in the area since, yes, even innocent people can be convicted of crimes they did not commit and some of these even end up in the slammer.

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Answered on 3/22/10, 6:44 am


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