Ashland, VA asked in Criminal Law and Domestic Violence for Virginia

Q: My son has a malicious wounding charge against his girlfriend. She wrote stating it is all a misunderstanding

Won't testify cause she doesn't remember details

1 Lawyer Answer
Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: What is your question?your son should discuss the issue with his attorney.

The girlfriend has no authority to determine how the case proceeds. The Commonwealth’s Atorney is in control of prosecuting thr case. The girlfriend can talk to the prosecutor about her desire to have this matter dropped, bit the prosecutor can still choose to prosecute the matter. Even if the girlfriend doesn’t want to cooperate, it might be possible for teborosecution to proceed using prior statements, etc.

Again, your son should speak to his attorney about this issue in order to evaluate his possible defenses.

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