Legal Question in Criminal Law in Virginia

Dismissal

Recently I have been charged with Assault and Battery for an incident that happened 4 month ago. After the incident the other guys was asking me for money all the time I did sit down with him and resolved the issue peacefully and I have witnesses. Later he came again and asked me for money and when I refused to pay he went ahead and pressed charges. He has witnesses to testify that I hit him first even though I did not. Recently he told one of my friends that he is willing to drop the charges if I paid him $1200, and my friend is willing to testify in court. My question is: will a judge dismiss this case based on the argument that this guy is only after the money?


Asked on 10/29/08, 12:01 pm

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Dismissal

You should likely testify to all this, particularly if he is trying to extort money from you and/or abusing the court system with a bogus case. You may have a claim in civil (suit for money damages) case against this person. What is the $1,200 meant to cover? Feel free to email me at address below if you need further help or can not find an attorney to help you.

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Answered on 10/29/08, 12:11 pm
James Bullard James A. Bullard, Jr., P.C.

Re: Dismissal

A judge will not dismiss the case simply because he tried to settle the case, but if he took charges out after you wouldn't pay him that will be strong evidence for you. I can give you advice on how to handle this.

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Answered on 10/29/08, 12:40 pm


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