Facing criminal charges is, perhaps, one of the most scary and daunting times in anyone’s life. And, even when you are innocent, that fear can cause many Oregon residents to do things that can make the situation worse. One way a defendant can make their criminal situation worse is by speaking with the alleged victim.
Should I convince them to drop the charges?
No. Unless your attorney tells you to speak with the alleged victim, you should steer clear of them. Plus, they do not have the ability to drop the charges you face anyway, even if you could somehow convince them to drop those charges.
Who can drop them?
Only the prosecuting attorney can drop the charges against you, and you should not contact them either. Your attorney will contact them on your behalf, and depending on the facts of the case, they may be able to work out a deal to lessen the charges or get them to drop them.
What can the alleged victim do then?
For the charges, nothing. But, they can recant, change their story or even offer different testimony. Your attorney can talk with their attorney, should they decide to so, but they could incur their own criminal penalties as a result.
What if I talk with them?
Depending on the state, the charges, court order, etc., you could be charged with a variety of charges, including witness intimidation. Even if you are innocent, this is a separate charge. This is why you should always follow the advice of your attorney and not try to go off on your own. Remember, this is serious, and the rest of your life may hang in the balance.