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.
Kiele Linroth Pace's answer As a matter of law, a 12 year-old child can not effectively consent to sexual contact. Sex without consent is Sexual Assault. It doesn't matter if she lied about her age because Sexual Assault of a Child is a strict liability crime.
Whenever you read about something outrageously unfair in our government, there is a decent chance it involves a zero-tolerance policy or a strict liability crime.
Just be glad he wasn't 17 so he isn't in the adult system. All you can do now is...
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.
Grant St Julian III's answer You may want to contact the District Attorney's office in your county and see if the State can obtain some type of protective order (which would be at no cost to you). If you desire you retain a private attorney, you will have to call around. There is no fee structure set by the State Bar, and an individual attorney has discretion on setting her/his fees. Good luck, and thank you for your service.
Grant St Julian III's answer Stop admitting to felonies on social media. Your situation is a total mess. Should you report a felony before someone reports a different felony on you? Consider the two actions totally independent of one another. Your acquaintance will or will not report the robbery to the police, and reporting him as a drug dealer will have no affect on whether you are prosecuted for another charge.
Grant St Julian III's answer I am not sure of the question. If you are driving, the police stop you, your car is searched and contraband is discovered, you will be arrested. If no contraband is not found you will not. Claiming "Somebody else must have put it there!" is not a defense.
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