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I signed an affidavit of non prosecution what will likely happen?
Anonymous2 views3 answers
I finally got to talk to the state attorney about my case. She told me that in most cases, I would have to take a to sign the waiver.
Because I told her that I was an aggressor and played more of a role (and I did not go to jail for lying on an affidavit), what will most likely happen in your experience in this case? And if the charges are dropped against him for felony battery, will that also dismiss the no-contact order that was in affect at the time of the altercation?
William David UmanskyCriminal Defense AttorneyOrlando, FL ·
I agree with my colleague. If you told the prosecutor you were the aggressor, the prosecutor is duty bound to consider your version of events. If the prosecutor believes you, the State may drop the charges.
However, if the facts are egregious and you had some bruising (or photos of other injuries) and gave a different statement to the police, the prosecutor may file the charges based upon your testimony to the police.
If you lied to the police, you may consider hiring a lawyer to invoke your right not to incriminate yourself, contact the prosecutor, and advise her that you will not be testifying based upon the Fifth Amendment. If the state drops the case, then the no-contact order will longer be in effect.
Generally, if the facts are not too nasty and this is an isolated incident, the state may not pursue the charges. The no-contact order related to the criminal case will go away, but make sure that the case is in fact dropped, and the no-contact order as well, before contact is made.
When in doubt, contact an attorney.
