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Reason for Affidavit of Desistance

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1 Reason for Affidavit of Desistance on Thu Jul 14, 2011 2:33 pm

sanjuan


Arresto Menor
I filed a case of qualified theft against my housemaid some months ago. The maid is now in jail. Her family has begged me to withdraw the case. I feel sorry for the family and no longer want to pursue the case. What are my options? Can I execute an affidavit of desistance and state that I am no longer interested in pursuing the case due to humanitarian reasons?

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2 Re: Reason for Affidavit of Desistance on Thu Jul 14, 2011 7:08 pm

attyLLL


moderator
it will depend on the prosecutor if they will accept that reason. you have to attest to it in front of the prosecutor and the judge. normally, the reason stated in affidavit of desistance is a mistake.


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3 Re: Reason for Affidavit of Desistance on Fri Jul 15, 2011 1:26 am

sanjuan


Arresto Menor
Atty, I was told by the investigator that if I, the complainant, choose not to appear in court for 3 times, the case of qualified theft against the househelp shall be dismissed. That is another option to consider, however, I am worried about the legal repercussion against me, if any. Can the judge order a warrant for my arrest for not showing up in court? Thank you for the quick reply which is very much appreciated.

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4 Re: Reason for Affidavit of Desistance on Sat Jul 16, 2011 9:14 am

attyLLL


moderator
it is possible that the case will be dismissed for failure to prosecute. was a subpoena issued to you? the prosecutor will have one issued if you don't appear, and failure to appear can lead to arrest to compel you to appear. though that is rarely enforced.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: Reason for Affidavit of Desistance on Sat Jul 16, 2011 7:14 pm

sanjuan


Arresto Menor
So glad to have a forum like this. Thank you so much for taking the time to reply. More power!

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