Old 11-10-10, 02:34 PM
  #12  
Inertianinja
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Originally Posted by prathmann
This would be fine *if* it were based on the wishes of the victim. But in this case the victim and his attorney have clearly gone on record as opposed to the dropping of the felony charge yet the prosecutor still went ahead. If this were based purely on the available evidence and likelihood of conviction I could understand the plea bargain. But the quoted statement of the prosecutor indicates that he based it on the ability of the defendant to pay restitution even though he already knew that this was not of concern to the victim.
well that's what i said in the Caveats, and note that sometimes people complain in the press for other reasons.

but also understand - as a prosecutor, the victim is not your client. so you can do what you believe is appropriate regardless of what the complainant "wants"

for example, before i got into computer crimes i used to work Drunk Driving cases and Domestic Violence.
in DV, almost every victim would tell you that they want the charges dropped. i rarely, if ever, followed that demand.
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