|
|
Can charges of ''sex with a minor'' be dropped by the accuser?
Posted by Anonymous . updated on 2/1/2009
A father catches his 16-year-old son having sex with a 38-year-old man. After having the man arrested and charged with engaging in sex with a minor, can the father later change his mind about prosecuting the perpetrator, and drop the charges? Or does the state have an obligation to investigate the incident once it has been brought to its attention?
Answers (2)
| |
|
|
Generally, once a criminal accusation has been made the state must proceed with the investigation and if a criminal act is discovered to have occured criminal charges will be filed. This is regardless of the victim's wishes. Though the victim's wishes are taken into account a crime against the peace of the state has been committed and a prosecutor has the duty to proceed. There is a certain amount of discretion with the prosecutor but in a situation like this one, the prosecutor will proceed. The age difference between the two individuals is too great to be ignored by the prosecutor. The 38 year old man will be considered a pedophile and will be taken off the streets to protect other children.
|
|
| |
|
|
You can tell the DA you want to drop the charges, but the DA doesn't have to drop them, because it is an offense not only against your daughter's person, but against the state, since it violates state criminal law. Of course, your input to the DA will have a large effect on the plea offer made to the defendant. For access to NY law and legal forms, and much more, go to http://justiceneversleeps.net
|
|
Related Questions
 |
Hi my name is Luis and I need to know something which is really bothering me in my mind. About two years ago I was arrested for soliciting prostitution in Hollywood, CA. This occurred right around November, ... Read More |
|
Im have no priors and was never arrested in my life. I threw a rock at a guy's fender and he claimed it costed him over $2000 in damages. It is now a felony. Would I be able to plee that down to maybe someth... Read More |
|
if a person holds a POA and and transferrs a home and truck into her and sells them then put this person into a nusing home and empties the bank acct for 5 yrs he was emaciated had no medical care for 5 yrs ... Read More |
|
I lost my drivers license in Dec. of '07 at a local Safeway store. At the time, my it had actually been suspended for not paying a no seatbelt ticket, so I did not try to replace it, however did return to a... Read More |
|
Hypothetical situation: Someone was caught in the act of stealing a tool and placing it in their car at work by his/her boss. The boss said he wasnt sure if they were going to press charges and the employee ... Read More |
|
my case report says that a warrant was issued a few days prior to my actual arrest - case status: says a 'fugitive'- day before I was arrest. the following day I was arrested. Police said I was being arrest ... Read More |
|
A person is being held for a state crime, but has a federal detainer largest against them for a previous federal probation violation. Once habed in to federal court, will his time in which he sat on the deta... Read More |
|
if a 15 and 13 year old don't want to return with mother back to step dad who is abuse/alocholic after living 9 to 10 months with grandparents and attend school. They have made a life for themself and want t... Read More |
|
My boyfriend was arrested 3 weeks ago for DUI and probation violation. He just saw his po and was told she is recommending he go to jail for 6 months. He already signed the revocation hearing waiver. Is ther... Read More |
|
I recently received an MIP for alcohol at the Univ. of Michigan. I'm 18 years old and it is my first offense. I was wondering what can I expect as punishment when I go to court. Also my BAC was .038 if that ... Read More |
|
Started by U.S. patent attorneys to help individual inventors launch their own ideas and protect their own inventions.
Register Your Trademark or Logo in Minutes. Started by Top U.S. trademark attorneys.
|