Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Benjamin Herbst
1 Answer | Asked in Criminal Law for Maryland on
Q: Husband was assaulted & filed charges, he had video of the assault & 5 witnesses, but Prosecutor dismissed case....

The other party filed assault charges too, after he was served with his summons. The other party did not have any evidence to contradict my husband's evidence. However, the prosecutor did not advise my husband that they were dismissing the charges, & did not even ask to see the video... View More

Benjamin Herbst
PREMIUM
Benjamin Herbst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

The prosecutor has the ultimate discretion when to dismiss (nolle pros.) a charge. They often choose to do this when there are two parties that have filed charges against each other because each defendant would have a 5th Amendment right to remain silent, and therefore the State could not compel... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.