Legal Question in Criminal Law in Pennsylvania

Withdrawing Charges

I recently pressed charges against my ex-husband for keying my car.He came to my apt. causing a disturbance ,i watched him walk by my car very closely.After he left i saw my car had a long scratch along it. A yr. ago he keyed my vehicle and had to pay for it.Now he has a lawyer and says he has witnesses and says he did not do it this time. I have been subpoenaed to testify as a witness for the Commonwealth.I am very intimidated by this man and wish i could just drop the whole thing. Can I do this ? If he wins will i have to pay court costs??Do i need a lawyer? i am tired of this man harassing me.Please reply soon.


Asked on 5/17/04, 1:10 am

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Withdrawing Charges

to answer your questions seriatim: (1) maybe (2) probably not (3)not necessarily.

the commonwealth is concerned about domestic violence particulary since some men take an attitude that if they can't have you then no one will. those are the types of criminals who kill whole families and then themselves. any judge's greatest fear is of a former defendant turning up in an ugly headline. so the judge may not grant your request to simply drop charges as the offense was theoretically against the state. then comes the question of whether they can compel your testimony.

if you have a lawyer he can raise the marital privilege and confound the prosecution; this depends on how long your ex has been divorced from you. the comonwealth could jail you for contempt if you do not testify and the privilege is unavailable. or they can decide to let you withdraw charges as you wish.

then the next time you need to file a PFA or seek similar relief, you will be like the little girl who called, "wolf."

if u are concerned, why would you NOT sant to have a skilled lawyer to protect you? it seems a no-brainer to me.

TAV

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Answered on 5/18/04, 11:30 am


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