My LegalForce        New User? Sign Up   |   Sign In   |   Help
Legal & Law Social Network
Forums   |
Search for Legal Questions:
 
All Questions in Criminal Defense >> Can charges of ''sex with a minor'' be dropped by the accuser?
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
In Criminal Defense    -  posted on 9/26/2008
i was asualted and defended my self since i was able to take care of my self and this other guy has a black and blue head i was arrested now this all took place on my property in my driveway now i also just ...   Read MoreAnswer this question
In Criminal Defense    -  posted on 5/2/2008
I was writing letters with an inmate, I am a corrections officer at a county jail. The other night he mailed me a letter, I panicked and took the letter from the office before it could be mailed. Now tomorro...   Read MoreAnswer this question
In Criminal Defense    -  posted on 2/11/2008
My husband is on parole the police came to get him because he had a warn   Read MoreAnswer this question
In Criminal Defense    -  posted on 11/3/2008
My husband is going to a revocation of probation hearing November fourth for his third violation, which was a failure to ID in a different county where he went to jail the same night. He was put on for evadi...   Read MoreAnswer this question
In Criminal Defense    -  posted on 7/31/2008
Charged with violation of probation(1st time), I have a 120 day suspended sentence from that case, new charges of driving without a license subsequent offense, failure to stop(there wasn't a chase), possesio...   Read MoreAnswer this question
In Criminal Defense    -  posted on 9/11/2008
My brother and I are being charged with battery and battery with intent to do bodily injury. We both have clean records. The DA offered us 2 years probation, 30 days in jail or 20 hours community service. We...   Read MoreAnswer this question
In Criminal Defense    -  posted on 8/20/2008
I took a plea bargain while being held in jail for a felony which I was pressure to do.I have degrees in careers that wont except me because of this plea.Its been five years. How can i withdraw this plea and...   Read MoreAnswer this question
In Criminal Defense    -  posted on 6/9/2008
My niece allowed police into my home upon being asked are you the owner of the home. Is this a violation of my rights?   Read MoreAnswer this question
In Criminal Defense    -  posted on 3/14/2008
Will I get a big punishment for the offense charged of 120.00? One more question, if this is my first time, how the judge will charge on me?   Read MoreAnswer this question
In Criminal Defense    -  posted on 1/13/2008
Hi, I am going through a divorce and my husband's father's friend was once and I believe is no longer a practicing attorney, in what field i do not know. He is my husband's unofficial attorney giving him leg...   Read MoreAnswer this question
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.
09-03-2010