Q: In Maryland, How does a victim pursue their rights under § 11-201 MD Crim Pro Code? Any alternative solutions?
MD Crim Pro Code § 11-201 states that "A victim of an assault has the rights provided under § 3-207 of the Criminal Law Article.
§ 3-207 MD Crim Law Code, states that:
(a) Dismissal. -- On a pretrial motion of the State, a court may dismiss a charge of assault if: (1) the victim and the defendant agree to the dismissal; and (2) the court considers the dismissal proper. (b) Payment of costs. -- The defendant shall pay the costs that would have been incurred if the defendant had been found guilty.
I am involved in a domestic assault case, as the victim. I e-mailed the SAO and recanted my statement to the police and asked that they drop the charges against my former partner. They stated they would make my letter "part of the file", but that their department has a "no drop" policy for domestic violence. Tried to get them to drop her charge in exchange for a charge against me (§ 9-501) and never received a response. I'd like to pursue the above-mentioned statute but I'm unsure how
A: You'll need to go to court and convince the Judge the dismissal is proper under all the circumstances.
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