Question
During an altercation with his neighbour, Feisty Belligerent in the year 2000, Ed Crook allegedly 'slapped the complainant across the face with an open hand',
During an altercation with his neighbour, Feisty Belligerent in the year 2000, Ed Crook allegedly 'slapped the complainant across the face with an open hand', and also 'urinated on his lawn'. Feisty subsequently laid charges of assault and malicious damage to property. Feisty did not suffer any physical injuries.
1. Ed is arrested two days after the commission of the alleged offences. Feisty is adamant that Ed should be 'prosecuted to the fullest extent of the law'. However, Ed's attorney, Clever Trevor, makes representations to the prosecutor to withdraw the charges against his client. The request is made after Ed has pleaded 'not guilty' to the charges, and Feisty has already testified.
Discuss the workability of a withdrawal in the circumstances sketched above.
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