Legal Question in Criminal Law in Virginia

Filing a petition to dismiss..

I filed charges against my live in boyfriend for taking my car. He was supposed to be delivering newspapers and while I was asleep he came back to take my daughter to school, then he just disappeared for a few hours. He also took almost 200 bucks from me. While I was waiting for him to return, I became more afraid and panicked and filed the complaint. What I did not know was that he had parked my car infront of the police station and turned himself in asking for help for his drug problem. The complaint was filed in haste...he has since been to rehab and paid me back my money. How can I get these charges dismissed?


Asked on 2/14/06, 9:49 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Filing a petition to dismiss..

You can talk with the local prosecutor assigned to the case and attempt to persuade him or her that the charges should be dropped.

That determination, however, will ultimately lie with the prosecutor's office and not with you.

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Answered on 2/14/06, 10:02 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Filing a petition to dismiss..

Yes the right to dismiss now only belongs to the prosecutor. Sometimes they will not dismiss it just because you want them to - the charge may be amended and ultimately dismissed if the court is impressed with his repayment and if it is an anger control issue if he submits to a class.

Good luck

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Answered on 2/14/06, 8:00 pm


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