my friend has a open case on child abuse between him and his girlfriend it is him vs state because she is a minor in his and her statement it was an accident but on hi gfs friend is saying it was on purpose they have a hearing soon and i wanted to know what might happen to him since the girl can not drop the charges because she is a minor?
1 Answer from Attorneys
"Dropping the charges" in any domestic abuse situation, even if the victim is an adult, is never automatically an option for the victim. Rather, the State of WI via your local DA is now in charge of the case rather than the victim. He or she may not agree that the charge should be dropped, even if the victim requests it, although prosecutors in WI are obligated to consider (but not necessarily follow) the victim's wishes. Therefore, even if she is a minor, she may have the right to present a letter to the DA and/or judge expressing what she wants, although that request would never be binding, even for an adult victim. Your friend is therefore in dire need of an experienced criminal lawyer to represent him in this case. There may be many different lawful ways that an attorney could use the fact of a victim wanting to drop charges to the defendant's advantage. Additionally, even if there is no way to resolve the case before trial and the defendant requests a trial, the government in this and all criminal cases would need to prove the defendant guilty beyond any reasonable doubt. The jury would also need to unanimously agree that the case was so proven before a conviction could occur. An uncertain witness at trial could make this difficult for the DA to achieve. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible, since time limits can apply to many different types of legal matters which could severely harm your case if they expire without receiving proper attention in a timely fashion. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible. However, you are welcome to contact me at my office in Racine if you wish to discuss this matter further.