Legal Question in Criminal Law in Virginia
class 5 felony
can you drop chargers against someone after you filed attempt malicious wounding
Asked on 11/15/06, 1:04 pm
1 Answer from Attorneys
Fred Kaufman
Fredrick S. Kaufman, Esquire
Re: class 5 felony
No. Once filed, criminal charges belong to the Comonwealth Attorney. He is the only one who can reduce, amend or choose not to bring criminal charges once they've been filed. As a practical matter, if you are the victim and refuse to testify he can't be convicted. Of course you subject yourself to the charge of filing a false police report which is a misdemeanor if you testify that it never happened.
Good luck.
Answered on 11/15/06, 3:33 pm
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