Legal Question in Criminal Law in Virginia
pressing charges
is it true that once you press charges on someone you can no longer go back and drop them? i live in virginia by the way.
Asked on 4/09/09, 10:33 am
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: pressing charges
Yes, it's true that once formally filed, the accuser has no power to decide unilaterally to have criminal charges dropped in the Commonwealth (or elsewhere, for that matter). That power lies with the local Office of Commonwealth's Attorney(or other prosecuting authority) which is in charge of prosecuting the one(s)accused.
Answered on 4/09/09, 10:49 am
James Bullard
James A. Bullard, Jr., P.C.
Re: pressing charges
It is the case that the victim in the case cannot drop charges. Once the charges have been taken out it is solely within the commonwealth's control to drop the charges.
Answered on 4/09/09, 10:49 am
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