My boyfriend has two charges, A class C felony and a Class A felony that were from statements made by people, then they tried to drop the charges and the prosecuting attorney took it to state and wouldn't drop them. (bad blood with prosecuting attorney and someone in my boyfriends family)
2006-06-11 15:48:12 · 10 answers · asked by Beth 1 in Politics & Government ➔ Law & Ethics
In most jurisdictions, the decision on whether or not to pursue a case is up to the prosecutor. Now, without the alleged victims, the prosecutor might have a hard time proving the case beyond a reasonable doubt, which is why such cases are customarily dropped.
There is also the question of motivation. In tort law, there is "abuse of process" where civil or criminal process is being used, not for its intended purpose of justice, but out of an ulterior motive for some improper purpose.
These are both issues that you probably want to discuss with a lawyer licensed in your state, preferably one experienced with criminal defense work.
2006-06-11 15:51:45 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Absolutely! Even though the victim wants to "drop the charges", the charges are actually filed by the state. That is why in criminal proceedings the case is named State of XXXX v. John Doe.
I agree with the others, it would definitely make it harder without witness corroboration, but it can be done.
I have a question for you. What information, and by whom, leads you to believe that the victims no longer wish to proceed? It if is from your boyfriend, be aware that he should not be contacting them. It is probably best if you don't communicate with them either until the case is resolved.
I have seen more than enough cases where the defendant thought the victim was "on their side", but when the trial came around testified to the crime and helped convict the person. Not very original, but it does work when they play like they aren't going to testify.
2006-06-11 18:33:37 · answer #2 · answered by NoJail4You 4 · 0⤊ 0⤋
Yes, specifically regarding domestic violence and other felonies.
The State Attourney's office will often continue to prosecute even if the victim drops charges because of the influence an abuser often has over the victim. In this way, even if the victim is intimidated into submission, the crime is still persued in the hope that the cycle will stop and the latest victim will get some relief.
2006-06-11 16:03:32 · answer #3 · answered by Tom 2 · 0⤊ 0⤋
Yes, once the charges are brought it is the state itself prosecuting, not the victim. Once the process begins only the state (the prosecutor) can drop them. They do this mainly to stop intimidation tactics that could cause the victim to change their minds.
2006-06-11 17:00:37 · answer #4 · answered by JFra472449 6 · 0⤊ 0⤋
Yes, if someone breaks the law the district attorney can still press charges even if the victim drops charges.
It just makes it harder for him to make his case, but it is still done.
2006-06-11 15:52:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes, and they still have the same burden of proof...be sure to take it to trial. They will pressure for a plea bargain, depending on the evidence on record and take the easy "win". Make sure all rights are preserved, he still has them all, for now...These are serious felonies, lots of time. Listen but DO NOT SPEAK. Leave it up to a jury, not the da. People who made allegations have to testify, da will try anything to insure testimony.
You have demonstrated motive but proving it is another story. That burden falls on you.
Make sure your lawyer is working for YOU.
Then again, is he guilty?... Do not answer that!
2006-06-11 16:23:44 · answer #6 · answered by www.paperdragon1.com 1 · 0⤊ 0⤋
Yes. Prosecutors are a few steps below attorneys. If they think a win will go into their column. They will go to trial.
2006-06-11 16:10:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
One more thing: the victim doesn't really "press charges". When they ask if they want to "press charges" what they mean is "are you going to cooperate with the prosecution?".
2006-06-11 20:31:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I am sorry to hear your predictiment...my experience is on the "bad side" of the law...as I know it...a prosecutor can continue to pick up the charges if the law provides. Examples of this (in CALIFORNIA) are as follows:
ROBBERY, RAPE, ASSAULT, GREAT BODILY INJURY, TERRORIST THREAT, FORGERY, STRONGARM ROBBERY, RESIDENTIAL BURGLARY, COMMERCIAL BURGLARY, MURDER, ATTEMPTED MURDER, AND TERRORISM. good luck to you both.
2006-06-11 15:59:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes, the prosecutor has every right to do this.
2006-06-11 15:53:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋