Legal Question in Criminal Law in California

A family member has been incriminated for sexual abuse. I am the victim. He has a case with the county that has yet to begin. However, he has communicated with other family members to ask me to have a lawyer let the court know that I do not wish to participate in this matter so that he may help his family and alleviate charges. Is this even allowed? I have not taken any steps or received any other communication from the court since my encounter with the police besides a compensation form. I'm not sure what to do in this situation.


Asked on 12/20/17, 6:03 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

A victim certainly can advise the prosecutor they don't want charges prosecuted, but that does not control the case. Such requests are usually not granted, because the victim is usually being pressured [like you] or threatened to make them. Prosecutors and judges are tired of seeing tearful pleas for release of the criminal turn into further assaulted, battered and murdered victims some time later. Instead, the prosecutor will subpoena the witness to court if necessary to compel them to testify and convict the criminal. Once charges are brought for 'good cause' based upon the crime and evidence, it is the prosecutor's case, not the victim's. The victim can always choose to testify at the sentencing hearing of the criminal, if convicted, and request 'mercy'. You might tell the criminal and family that is what you will do, at most. It may be the right thing in this case, compared to requesting he go unpunished for the crime. Leave it to the criminal's lawyer to make the prosecutor prove his case if he can.

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Answered on 12/21/17, 8:31 am


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