Q: I was charged with simple assault, is it better for the victim to be there to ask for the case to be dismissed?
I was charged with simple assault and today is the arraignment, the complaint was made by the state not the victim. The even issued a warrant out for my arrest and I was incarcerated because of this, I’ve talked to some lawyers and they told me to plead not guilty, but would it make a difference if the victim goes there and asks for the case to be dismissed?
A: The answer is it depends on the court, prosecutor and judge you are dealing with some, Don't care what the victim wants and just want to protect the victim from possible future problems. Otherwise especially in more of the city courts tend to be more liberal and will follow the victims wishes. But since the victim didn't file the charges her wishes are not controlling on what will happen with the case what is more controlling is what does the cop who signed the complaint want to do with the case that he or she filed based on information and belief on what they were told by the parties at the time of the incident. Either way you should never appear in a criminal case in court without a lawyer its just too risky especially in a Domestic Violence case where jail time is much more likely than in your average case.
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