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If I tell a judge in court I want to drop charges against a person, will he drop the charges for me, Harassment, Stalking, Misconduct

Discussion in 'Criminal Charges' started by fvarner66, Mar 31, 2022.

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  1. fvarner66

    fvarner66 Law Topic Starter Member

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    Jurisdiction:
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    If I tell a judge in court I want to drop charges against a person, will he drop the charges for me, or what will he do to that person in Pennsylvania?
     
  2. cbg

    cbg Super Moderator

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    WAY too many variables to say. But it isn't up to you; the judge may pay attention to your wishes and he may not.
     
  3. justblue

    justblue Well-Known Member

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    What are the charges?
     
  4. Zigner

    Zigner Well-Known Member

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    I imagine they are some variation of harassing, stalking, or other misconduct. :p
     
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  5. adjusterjack

    adjusterjack Super Moderator

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    Perhaps domestic violence and the victim has succumbed to flowers and chocolates and promises to never do it again.

    :rolleyes:


    (and posting history)
     
    Last edited: Mar 31, 2022
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  6. fvarner66

    fvarner66 Law Topic Starter Member

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    Nope. @adjusterjack
     
  7. fvarner66

    fvarner66 Law Topic Starter Member

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    The charges is threat's. @justblue
     
  8. Tax Counsel

    Tax Counsel Well-Known Member

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    You don't have standing in a criminal case to file for dismissal of charges — that's up to the defendant or state prosecutor to do. The judge is not obligated to do as you want, but may take your wishes into consideration if the defendant moves for dismissal. The better way to pursue this is normally to ask the prosecutor to drop it, though the prosecutor has no obligation to follow your wishes in that regard.
     
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  9. fvarner66

    fvarner66 Law Topic Starter Member

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    Thanks. @Tax Counsel
     
  10. flyingron

    flyingron Well-Known Member

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    Understand that a criminal case is not VICTIM vs. DEFENDANT. It is society that is harmed by criminal activity and the state brings the case on its behalf.
     
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  11. fvarner66

    fvarner66 Law Topic Starter Member

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    Is both party in the same courtroom for a preliminary hearing, or do they call one person in to show their proof and call the next person in after you?
     
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    What do you mean by "both party"? In a criminal case the only two parties to the case are the prosecutor and the defendant, and of course both are in the courtroom.
     
  13. fvarner66

    fvarner66 Law Topic Starter Member

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    The person you fill the complaint against will they be in the same room with you, or will they call one person into the courtroom, and after you are done, they will call the next person in?
    @Tax Counsel
     
  14. army judge

    army judge Super Moderator

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    Ask your attorney.

    Court procedures and protocol vary greatly throughout the USA.

    Most litigants rarely are allowed to address the judge.

    The most common method of communicating with the court is via motion. That said, your communication is reduced to writing, not just any writing, the court approved method of motioning the court.

    If you're the VICTIM of a crime, NO, you can't drop the charges against the defendant.

    The prosecutor CAN make such a request.

    In fact, even the prosecutor must motion the court, if the prosecutor desires to drop criminal charges against a defendant.
     
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  15. adjusterjack

    adjusterjack Super Moderator

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    Correct me if I am wrong but I think you are asking if you, the alleged victim, remain in the courtroom during the hearing or trial. You will have to ask the prosecutor about that because it might differ from case to case.

    As for witnesses, they may be excluded from the proceedings and only come in when it's their turn to testify.
     
  16. fvarner66

    fvarner66 Law Topic Starter Member

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    Okay thanks
     
  17. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    According to the PA Crime VIctims Act one of the rights of a crime victim is...

    (2.1) To not be excluded from any criminal proceeding unless the court, based on the record before it, determines that testimony by the victim would be materially altered if the victim heard other testimony at the proceeding. Before making a determination, the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim. The reason for any exclusion shall be clearly stated on the record. ((2.1) added June 28, 2019, P.L.213, No.23)
     
  18. leslie82

    leslie82 Well-Known Member

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    Has the prosecutor not gone over anything with you if you're being called in as a witness? When there was going to be a preliminary hearing against my then husband for assault, the prosecutor had me come into his office and we went over my statement, etc. I never had to end up going to court though since he waived the prelim hearing and then plead guilty.

    But I had contact with the prosecutor and victim witness on the case.
     
  19. fvarner66

    fvarner66 Law Topic Starter Member

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    No I only got a letter in the mail about the hearing. @leslie82
     

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