Q: Would it be appropriate to go to my ex's court date and ask to speak to the judge and try and get charges dropped?
Ive written an affidavit of non prosecution and have reached out to his attorney. Ive been told he does not feel comfortable speaking with me. This is odd right?
A:
It is the prosecutor's duty to decide whether or not to dismiss a criminal case. The prosecutor also has a duty to CONSIDER the wishes of the alleged victim. In domestic violence situations they often decide to prosecute anyway, against the wishes of the alleged victim, but they won't even know your wishes unless you tell them.
The alleged victim of an assault is an important witness. Maybe even the MOST important witness! Our office focuses on defending assault cases and we usually want to talk to the alleged victim. A few exceptions are when there is a legitimate concern that the alleged victim might be dishonest about the nature of our communications, when the alleged victim has serious credibility issues, or when the defense strategy is somehow disconnected from the potential testimony of the alleged victim.
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