If I am wrongly accused and the alleged victim confesses that he hurt himself, will charges be dropped? 7 Answers as of July 03, 2013I have been wrongly charged with second degree assault with a deadly weapon. The police were called by our neighbors and when they arrived, they came to their own conclusions about what happened. The "Alleged Victim" in the case did not say I committed the crime and I told the police several times that the "Alleged Victim" wounded herself and has a history of self harm. I want to know what my chances are that my charges will be dropped if the "alleged Victim" confesses to harming herself and that the police report filed is completely wrong?
Lisa Mulligan Law Offices, LLC | Lisa Mulligan
In Washington, it is the prosecutors and not the alleged victim who decide whether or not to proceed with criminal charges. However, if an alleged victim tells the prosecutor that she hurt herself, that could certainly be helpful to your case. The prosecutor's decisions on your case will be based on a variety of factors, including the strength of any other evidence that they have about the alleged assault, your criminal history or lack thereof, the severity of injuries, etc.
Answer Applies to: Washington
Barton Barton & Plotkin | Maurice Ross
I don't trust prosecutors and police to make the correct decisions. Thus, even though you should have a favorable outcome, it is not assured. Thus, it is critical that you retain experienced legal counsel to deal with this. Do not trust the authorities to treat you fairly. Once you have private legal counsel, you will have the upper hand.
Answer Applies to: New York
Timothy J. Thill P.C. | Timothy J. Thill
There may have been some probably cause for the police to arrest you, but when the case is reviewed by the prosecutor thoroughly, the charges should be dropped by him. The "alleged victim" must clearly inform the prosecutor that you had nothing to do with the battery. If, for some reason, the case does get to trial, you should be found not guilty. Hire a lawyer to represent you, so that this all gets straightened out.
Answer Applies to: Illinois