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View Full Version : Can charges be withdrawn if you are found guilty?


xsosorry
Feb 13, 2012, 07:07 PM
Hi everyone, I'm so sorry for my amount of posts but I am trying to gather as much information as I can. If one is found guilt of a crime (in particular, theft under $5000 and impersonation, over 18 and in Canada- they have video evidence), can the charges still be withdrawn? I have read that charges may be withdrawn if it is in the accused's best interest and it does not go against the interest of the public.

I am going to school in the states to become a doctor in the next few years. Even if I am conditionally discharged, I won't be able to take over my father's clinic as a discharge is still considered a conviction in the US. I am also a professional dancer and am going to be dancing this summer in New York under the instruction of many famed choreographers. I have been working towards this for 18 years, and to think that a stupid decision is going to ruin it all makes me sick. I have also helped to raise over $70000 and a wheelchair van for the children's hospital in my city through my dancing, and I will definitely be kicked out of my company if I can't travel to the states this summer. I am broke due to student loans and tuition for both school and dance, and so I thought I would try to save myself the money it would cost me for things I needed for future performances. I desperately need for these charges to be withdrawn, or a diversion. Is this possible if you are, without a doubt, found guilty? Like I mentioned, there is video evidence and the store caught me at the time the crime was committed. All items were returned.

Fr_Chuck
Feb 13, 2012, 07:31 PM
If you are found guilty, ( i.e. already plead guilty, did a plea agreement, or was found guilty)
If there was already court, no charges can not be withdrawn, it is what it is.

If you have been charged, but have not been to court and found guilty or plea agreement, then your attorney can try and get them to withdraw charges, but it is not likely to happen

Fr_Chuck
Feb 13, 2012, 07:31 PM
If you are found guilty, ( i.e. already plead guilty, did a plea agreement, or was found guilty)
If there was already court, no charges can not be withdrawn, it is what it is.

If you have been charged, but have not been to court and found guilty or plea agreement, then your attorney can try and get them to withdraw charges, but it is not likely to happen

So to answer your question, the crown ( state) may always drop ( withdraw) the charges if they want. Normally it is done if they feel there is not enough evidence to convict or if your attorney proves a issue with some of the evidence. Of course it can be withdrawn if your attorney is a golfing buddy of the DA or some other deal is reached.

xsosorry
Feb 13, 2012, 09:12 PM
If you are found guilty, ( i.e. already plead guilty, did a plea agreement, or was found guilty)
If there was already court, no charges can not be withdrawn, it is what it is.

If you have been charged, but have not been to court and found guilty or plea agreement, then your attorney can try and get them to withdraw charges, but it is not likely to happen

Thanks, Fr. Chuck. I have not plead guilty and there has been no trial yet, however I did sign documents in the police station that stated that I understood what I was being charged with and that I would appear for fingerprinting and court. I also signed a civil demand notice in the store with a fake name.

Fr_Chuck
Feb 13, 2012, 09:40 PM
Ok, this is a lot different now that the story is being told. So you just signed store paper work, with a false name, you never gave police a fake name.

Do not make any more comments and hire an attorney, the civil demand, is just a debt, like owing for something, they change you 500 or so dollars for stealing something. I think the impersonation can get throw out.

Then see what evidence they have, and let an attorney take it from there, you have a lot at stake now, so hire an attorney a really good one, borrow money if you have to.

Fr_Chuck
Oct 18, 2012, 01:41 AM
Closed, multiple posts in violation of site rules