Can a federal wire fraud case be dropped if the witness wants to dropit and handle the matter privately?
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Can a federal wire fraud case be dropped if the witness wants to dropit and handle the matter privately?
I am be prosecuted for federal wire fraud from family. I was informed through another family member that the witnesses who are related to me now want to drop case and handle case privately. I need to know how can this be done and can it be done? She i consult with a criminalk law attoreny? In St. Charles County, MO.
Asked on August 30, 2011 Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are facing prosecution for federal wire fraud, get a criminal defense attorney--IMMEDIATELY. And do not talk to anyone without your attorney's approval and guidance (e.g. exercise your constitutional right against self incrimination, commonly known as the right to remain silent).
The witnesses can *not* drop the case--unlike a civil matter, whether to pursue the case or not is not up to them. The governmentis the party prosecution you, and it's up to the government whether to continue to not. If the witnesses refuse to cooperate, the government has the power to supboena them to testify. The government *may* choose to drop the matter if the witnesses are no longer willing to pursue it, but that remains the government's choice. An experienced defense attorney can evaluate the best way to approach or negotiate with the government, to get them to drop the matter (best case) or at least reduce negotiate a favorable deal.
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