Salt Lake City, UT asked in Criminal Law for Utah

Q: My boyfriend was charged with kidnapping me do I as the victim have any rights to drop the charges?

I got in the vehicle willingly thinking I was going to work, once I was in he peeled out of the driveway and began driving recklessly going up through the canyons saying he was being chased. This was a result of meth which I did not know he had taken at the time. After he had began to act this way I started to scream to be let out, he refused to let me out, finally after 30 mins or so of me screaming he slowed the car and went to the side of the road where I jumped out.

Related Topics:
2 Lawyer Answers
Michael S. Edwards
Michael S. Edwards
Answered
  • Criminal Law Lawyer
  • Layton, UT
  • Licensed in Utah

A: As the victim in that case, you have the right to give your input to the prosecutor, to attend all court hearings, and to tell the judge in the case your feelings about the case at sentencing. But once you reported the matter to the police, you no longer have the power to be the deciding factor in what happens with the case. That is up to the prosecuting attorney's exercise of his or her discretion. Now, a smart and good prosecutor will consider your input, and it will influence his or her decision. But you do not get to decide things on your own. Good luck!

Aric M. Cramer
Aric M. Cramer
Answered
  • Criminal Law Lawyer
  • St. George, UT
  • Licensed in Utah

A: Once charges have been filed you cannot have them dismissed.

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.