QUESTION
Would I have to serve jail time for identity theft if charges were dropped?
Asked on Dec 08th, 2012 on Criminal Law - Florida
8 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It depends on what you mean by "charges were dropped". If the D.A. or prosecuting attorney dropped the charges, then your case should have been dismissed and your criminal case should be over. If you mean that the victim has dropped the charges or is willing to drop the charges, then you still may have a problem. Once a police report has been made, the allegations and charges are sent to the District Attorney or prosecuting attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If the "victim" wishes to have the charges dropped or dismissed, he/she can talk with the D.A. However, the final decision will be up to the D.A.
Answered on Dec 13th, 2012 at 11:34 PM
Michael J. Breczinski
If there is no conviction then there is no punishment.
Answered on Dec 11th, 2012 at 11:20 PM
Yes sir. The victim isn't the DA. He doesn't get to decide whether to drop charges. Prosecutors will never drop anything simply because the victim wants the charges dropped.
Answered on Dec 11th, 2012 at 1:16 PM
If you are charged with a crime and the DA drops the charges you cannot be convicted and you will not go to jail.
Answered on Dec 11th, 2012 at 1:16 PM
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Of course not unless your are talking about a probation violation on an old charge where they don't have to prove the case beyond a reasonable doubt for violation purposes. If you are just talking about a criminal charge of ID theft and the state dismissed it. It is done.
Answered on Dec 11th, 2012 at 1:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the charges are dropped, hopefully with prejudice, there is no present prosecution and therefore, without the prosecution being reinstated, any possibility of your incarceration as a result of this incident.
Answered on Dec 11th, 2012 at 1:15 PM
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If the prosecutor drops the charges, of course not. Prosecutors frequently aren't willing to drop charges, though. You probably should hire a lawyer to help you.
Answered on Dec 11th, 2012 at 1:13 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If the charges were dropped, there would be no case, and no punishment.
Answered on Dec 11th, 2012 at 1:13 PM