Legal Question in Criminal Law in Virginia

is a complainant allowed to withdraw his complaint prior to arraignment of accused

(felony larceny)? he called proscecuting attorney and was told he could not withdraw his complaint in Virginia


Asked on 11/24/09, 9:08 pm

1 Answer from Attorneys

sheryl shane sheryl shane, attorney at law

The prosecutor will not normally allow the complainant to withdraw complaint prior to court date.

The alleged perpetrator should have an attorney present and you and the alleged perpetrator may attempt to get charge dropped on court date. In many jurisdictions - the prosecutors will not speak with you or the defendant regarding dropping the case unless you have legal representation...and if they do...you will probably be one of the last cases heard. the prosecutors may try and push defendant into taking a deal.

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Answered on 11/29/09, 11:18 pm


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