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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
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.
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