How to get a case dismissed?

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How to get a case dismissed?

My boyfriend is being charged with rape; I am the alleged victim. However, I never said that he did that to me nor did I very said I wanted to press charges. I need help as he has been arrested in another state and they are holding him because of this. I don’t have money for a lawyer. I went to the state attorney with a notarized letter stating that I never wanted this and they still won’t do nothing.

Asked on June 19, 2019 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Actually, it is up to the state and not the alleged victim as to whether or not to drop criminal charges. This is especially true in domestic violence cases since many victims are threatened and otherwise intimidated into requesting that charges be dropped. Accordingly, if there is other evidence besides the victim's testimony that is sufficient to obtain a conviction, then the case can still move forward.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Actually, it is up to the state and not the alleged victim as to whether or not to drop criminal charges. This is especially true in domestic violence cases since many victims are threatened and otherwise intimidated into requesting that charges be dropped. Accordingly, if there is other evidence besides the victim's testimony that is sufficient to obtain a conviction, then the case can still move forward.


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