Kiele Linroth Pace's answer No. Only the prosecutor can dismiss a criminal case. The alleged victim can let the prosecutor know that they HOPE the case will be dismissed and/or that they don't want to testify in court.... but the decision about whether or not to dismiss belongs to the prosecutor, not the alleged victim.
Grant St Julian III's answer What was his sentence? That is the maximum time he will serve in prison. Remember, parole is not a given at any time, so your brother must be prepared to serve his entire sentence.
Kiele Linroth Pace's answer Frankly, he could be charged with the murdering the Tooth Fairy. Any of us could. Ultimately, the question is whether the prosecution can prove their case beyond a reasonable doubt.
The fact that someone else confessed may help the defense, but not always. Some crimes can be simultaneously committed by multiple people.
Roy Lee Warren's answer It depends on the situation; for instance if it is sexual assault of a child there is a duty to report it. The variables are too numerous to answer all but a good rule of thumb is to report instances when someone is in danger from future acts.
Kiele Linroth Pace's answer The felony crime of Sexual Performance By A Child applies anyone under 18 years old engaged in sexual conduct. The plain language of the law criminalizes the conduct itself, even if it does not occur as a performance. If there actually is a performance (or recording) then the parents themselves would also commit a felony by giving their consent.
If the 17 years old is a student and the 24 year-old is an employee of a primary or secondary school then it is a different felony offense.
Kiele Linroth Pace's answer The most important thing to remember about a protective order is that its not YOUR order so you can't give him permission to violate the order. A protective order is a JUDGE'S order. Judge's don't tolerate their orders being violated, and they don't care about the excuse.
The second most important thing to remember is that is almost always easier for the prosecutors to prove a criminal Violation of Protective Order case than it is to prove the original Assault charge. They don't...
Perhaps before working on this project you can refine your grammar skills. This is not a text message. It is inappropriate to use abbreviations like it would be inappropriate to use abbreviations in your essay.
Capitals also help. Proofing your writing is mandatory to ensure you have complete sentences. "I would detailed examples" is not proper because there is no verb, although I can figure out what you meant.
Roy Lee Warren's answer It appears he may have violated the protective order so that is why he was arrested. The prosecutor should be willing to answer your questions. Call the County's victim advocate.
Kiele Linroth Pace's answer It is unlikely that anything will happen automatically without you hiring a local Family Law attorney to explore possibilities to further restrict or eliminate this person's access to his children.
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.