Battery Charges

Get Legal Help Today

 Secured with SHA-256 Encryption

Battery Charges

I am the victim in a battery case that is going to trial, I don’t want the defendent to be found guilty because he never hit me. They have pictures and my statement that said he did when he really didnt. If I don’t appear at trial will the case be dropped. Or how can the charges get dropped without him taking a plea bargin

Asked on June 23, 2009 under Criminal Law, Georgia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice in the State of Georgia, the general rule is that the decision whether or not to prosecute rests with the prosecuting attorney rather than the alleged victim.  Your problem becomes rather tricky due to the fact that either your 1) testifying contrary to any sworn statement, or 2) failure to comply with a subpoena to testify, could both potentially expose you to criminal liability. 

There may be other ways for you to represent that you will not cooperate with the prosecution that could influence a prosecutor's decision to resolve these charges favorably.  However, since your actions may potentially expose you to criminal liability, I highly recommend that you consult with and/or retain a criminal defense attorney, in the interest of both resolving the defendant's case favorably while at the same time protecting your own rights, prior to taking any independent action on your own.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption