Redding, CA asked in Criminal Law for California

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.

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3 Lawyer Answers
Joseph Abrams
Joseph Abrams
Answered
  • Criminal Law Lawyer
  • Anaheim, CA
  • Licensed in California

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

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

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.

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

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.

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