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Questions Answered by John David Mayoras

1 Answer | Asked in Criminal Law and Family Law for Virginia on

Q: Can a lawyer ask the plaintiff to drop the felony charge down

Is this intimidation of the plaintiff who does not have an attorney. The fathers lawyer took the mother aside (dad was arrested for strangulation of mother) and said she should drop the felony because it wouldn't be good for her sons father or her son in the long run.

John David Mayoras answered on Mar 25, 2016

Well, In Virginia technically a victim cannot drop or reduce a charge. They only person who can do that is the Commonwealth Attorney. Now a victim's input should matter to the Commonwealth Attorney, and they have to consult with the victim and include them in discussions regarding disposition of... Read more »

1 Answer | Asked in Criminal Law for Virginia on

Q: i was charged witb posession of a firearm by a convicted felon. the PROSECUTOR ASKED THAT THE CHARGE BE DISMISSED.

the charge was dismissed. but now the same prosecutor has asked the grand jury to incict and they are. can they do this?

John David Mayoras answered on Mar 25, 2016

It depends. If the prosecutor moved to nolle prosequi the charge then that is a dismissal without prejudice. Which means they can bring the charge back. And typically when they do its through a direct indictment in Circuit Court. Prosecutors will do this for a variety of reasons, mostly... Read more »

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