jenksswimmer
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Dec 17, 2008
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jenksswimmer

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jenksswimmer was last seen:
Dec 17, 2008
    1. CdwJava
      CdwJava
      Your state's laws might vary somewhat, but in most states the DA has absolute discretion whether to pursue a prosecution or not. They can prosecute even if you do not want them to ... in fact, this is commonplace in most states because more than 3/4 of DV victims DO recant or ask for charges to be dropped.

      Now, since you did not mention ever getting called to testify, I assume that he aggreed to a plea deal and was not brought to trial. If so, then he's pretty much toast. If he was tried and convicted, the time to bring up legal issues would have been at or before trial - it's a little late now.

      I have yet to hear of a state that REQUIRES the victim agree to a prosecution to continue. Many states and DA's offices will allow a victim to decline prosecution if they sign a waiver essentially admitting that they are doing so of their own free will, without coercion, and they agree no to hold any governmental entities responsible for taking no action against the attacker.

      I doubt you have any leverage at all here. But, the only way to know for sure would be to check with a local attorney.

      - Carl
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