Legal Question in Criminal Law in Virginia

Sexual Assault Case

Just to touch base; My girlfriend (yes I am a lesbian), was charged with forceful sodomy and object penetration. She went to jail the beginning of the month and got out on bond. I have been subpoenaed to a court date on Wednesday 28th. However I wish to drop the charges.

Just to let you know. I never intended to press charges in the first place. It was a bad fight, and things happened. I called the police to get her to leave. Detectives came, wrote down what I said, asked if I wanted to press charges, I said no. Police officer gave me a number he said I should call in the morning. Went to sexual assault, thought I was just giving them a written statement, that they had to make a report, but in fact they took out felony warrants for her arrest. (The previous detectives had only written down misdemeanor charges).

I've talked to her defense lawyer, the detectives, the commonwealth and the magistrate and have voiced my wishes that the charges be dropped and they were never my intent to be taken out against her.

First question- the case is not even in general court yet.. is a she-said-she-said case like this, with the victim wishing to drop charges likely to be held up in court. No priors on defendant**


Asked on 5/26/08, 7:42 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sexual Assault Case

Once the case has been filed or "papered" as they say, it's no longer up to the alleged victim but is rather the prosecutor's decision as to whether the matter will proceed forward with the prosecution of the alleged perpetrator.

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Answered on 5/26/08, 9:28 pm


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