QUESTION
If someone drops child cruelty charges, what happens to the person charged?
Asked on Jul 29th, 2012 on Criminal Law - California
More details to this question:
My brother is in jail for child cruelty. He elbowed my sister-in-law while holding their son. The first charge is 100 thousand dollars bail. He has been in jail every since.
8 ANSWERS
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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She can't "drop" the charge. She needs a lawyer to go to the DA for her as they will not listen to her. If she doesn't testify they have to let him go.
Answered on Aug 16th, 2012 at 10:55 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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And jail is where he will stay until the case is over, unless he bails out. The victim dropping charges only happens if the DA allows it. They don't usually. He needs an attorney.
Answered on Aug 16th, 2012 at 12:24 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Only the District Attorney can drop charges in a criminal case. If the D.A. agrees to drop the charges, your brother's case will be dismissed and he is free to go on his way. If not, he will go to trial unless a plea bargain is worked out. If I am reading your question right, a $100,000 bail is extremely high for an "elbowing" incident. You also mention that this is for the "first charge". Are there other charges? If you have not already done so, I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your brother's arrest. He/she would then be in a better position to analyze his case and advise you of his options. Good luck.
Answered on Aug 15th, 2012 at 3:54 PM
Neither victims nor any private individual(s) can "drop" charges. ?Only the prosecutor (in this case, probably the District Attorney) can do so. The mere fact that the victim doesn't want the case to go forward, doesn't mean that the prosecutor won't go ahead anyway. Although reluctance of the victim to testify would make his case weaker. Consult an attorney right away to protect your rights.
Answered on Aug 15th, 2012 at 3:27 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Once a person makes a police report it is out of their hands. So even if she tells the cops she doesn't want to proceed, the DA can try to proceed without her.
Answered on Aug 15th, 2012 at 3:12 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It seems like he should have been charged with assaulting your sister-in-law, if this was just an elbowing. She could not drop the charges. This sounds like a felony child abuse case where the DA will be pushing the charges. Even if your sister-in-law wants the charges dropped that will have no effect on the child abuse charges. I am guessing that the child, your nephew, was seriously injured or the bail would not be $100,000. You should not try to get your sister-in-law to drop the charges, that could be a criminal charge against you and or your brother, he is not to have contact directly or indirectly with his wife except through a lawyer. If she told you she wants to drop the charges that is one thing but you cannot contact her about this issue.
Answered on Aug 15th, 2012 at 3:03 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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They could still be prosecuted.
Answered on Aug 15th, 2012 at 2:52 PM
That's irrelevant. The victim has authority to drop charges. Only the prosecutor does. And in child abuse and DV cases prosecutors know that victims often make up with the aggressor, so they will rarely give any weight to the victim's pleas for dismissal. Your brother better hire a good lawyer.
Answered on Aug 15th, 2012 at 2:50 PM