Trussville, AL asked in Criminal Law and Domestic Violence for Alabama

Q: criminal law case if a planiff is in jail on a felony charge can my lawyer ask the judge for a dismissal with prejudice?

In my case as a defindent on the grounds she as no rights no more to pursue charges on me because she in jail.. Yes or no?

1 Lawyer Answer
Travis T Juneau
Travis T Juneau
  • Criminal Law Lawyer
  • Tuscaloosa, AL
  • Licensed in Alabama

A: If I'm understanding your question correctly, no. Just because a complaining witness is in jail, the state doesn't have to dismiss the charge against you. In fact, he being in jail makes the state's job easier as they know where she is and can easily bring her to court to testify against you. Unlike the civil law system, the State is the plaintiff not the complaining witness/ victim.

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