QUESTION
How to help a friend get the charges against him dropped
Asked on Oct 11th, 2016 on Criminal Law - Colorado
More details to this question:
A few nights ago, there was a huge argument between two memebers in my dorm. One of which has already been charged previously with assault for causing bodily injury to another invividual. He spent a year going to jail on weekends and evenings and is still on probation. The other night, an argument broke out between him and a girl. He sprayed water (from a water bottle) at her and she decided to press charges against him. He is facing three charges, simple assault, disorderly conduct, and breaching the peace. He has never shown any sort of aggression or violence towards anyone in the hall whatsoever. He is now looking at going back to jail to serve time For being charged a second time for assault while on probation. The girl who pressed the charges admits to blowing things out of proportion and asked to drop the charges she made. However the officer said it's now the state of Colorado vs. him. He has an attorney. What are the next steps we as his friends should take ? And him?
1 ANSWER
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The best way to help your friend is to be available if his lawyer has questions - and possibly help him financially with his lawyer. It is true that a "victim" can't just "drop charges" as it is the prosecutor who decides if charges should go forward. However, the prosecutor must consider what the "victim" wants, under the "Victim's Rights Act" - that does not mean that the prosecutor has to do what the victim wants - just that they have to consider it. There are cases where it helps for the victim to get a lawyer - sometimes the lawyer can present things to the prosecutor in a manner more persuasively than the victim can do on their own.
Answered on Oct 31st, 2016 at 2:42 PM