Q: Can I write a letter to judge to ask to dismiss charges as a wittness/victim?
Or atleast explain what led up to the incident. My SO had a 1st time psychotic episode and I’m hurt that he might have to go to prison. He’s also a first time offender.
A:
Generally speaking, victims and witness do not have a say in prosecutorial or trial decisions. What you can do is decline to cooperate which may lessen the weight of the evidence in the case. You can also make a mitigating statement at sentencing which may help reduce the sentence. Please keep in mind, however, that you must always comply with any lawful subpoena that might be issued to you for documents, testimony, or other evidence.
- Law Office of Joseph Abrams, Anaheim, CA
2 users found this answer helpful
A:
you can do it but the judge may not read it............or take it into consideration.
the Victim is not you, but rather the people of the state of California.
you may want to either retain your own lawyer to guide you or talk to the attorney representing the defendant.
S/he can guide you as to the options available.
A: Contact his defense attorney and give your letter to her or him, or contact a lawyer to advise you. They will know what to do with it. They might advise you of CCP section 1219 and the rights you have NOT to be held in contempt for refusing to testify. They might inform you that if you do not get subpoenaed, and therefore do not testify at trial, the charges will get 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.
