QUESTION
If a victim decided to drop charges AFTER SENTENCING but before 60 days, can I be released from prison?
Asked on Dec 01st, 2012 on Criminal Law - California
More details to this question:
Initial charge was home robbery with firearm. Giver 4 years community control. Violated by failing UA. sentenced 5 years prison time after VOP. Now victim would like to drop initial charges. What does he/she have to do in order for the judge and prosecutor to allow this? Can this even be done?
7 ANSWERS
Steven D. Dunnings
No.
Answered on Apr 11th, 2013 at 2:25 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This cannot be done.
Answered on Dec 05th, 2012 at 4:01 PM
No way. First of all, a victim cannot drop charges, only the DA can. Secondly, after sentencing the ship has sailed anyway. Nothing can be done my friend.
Answered on Dec 05th, 2012 at 2:23 PM
Michael J. Breczinski
Well, they can ask, but it is up to the judge and the prosecutor not the victim.
Answered on Dec 05th, 2012 at 1:51 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you already entered a plea and/or were convicted and sentenced, the case is over. It is too late for the victim to attempt to drop charges.
Answered on Dec 03rd, 2012 at 2:37 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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A victim does NOT control a criminal case. Their views, though considered, do not determine the outcome of a case. A criminal case is handled by the prosecution not the victim. Only if the victim sues does the victim control the case; those matters are in civil court - not criminal court.
Answered on Dec 03rd, 2012 at 2:32 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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Unfortunately, that's not the victim's decision. The victim didn't file the charges in the first place, the DA did. Under Marcy's Law, the victim has the right to speak in court at the time of your sentencing, but a victim's statement rarely ever really affects anything. If the victim wants to make a statement to support you a parole hearing or something, he can do that, but he can't simply drop the charges against you.
Answered on Dec 03rd, 2012 at 2:13 PM