Okay, I'm trying to write something for class, and it's about a book we read. In the book this guy tries to kill this other guy. They make their way to town and everyone in town makes a fuss and has somewhat of a semi-trial. They end up finding out who did what, but since it was a semi-trial... no one went to jail... well .. not yet. The guy who was getting killed decided not to press charges on the guy who was trying to kill him. So, I'm wondering... can all the other people in town like police can still put the guy in jail? Or is he free to go?
2006-09-17 06:14:44 · 17 answers · asked by Eddie Y 1 in Politics & Government ➔ Law Enforcement & Police
The guy does not want to testify to intent to commit murder and assault with a deadly weapon... So.. is the guy who was going to kill him free to go?
2006-09-17 07:15:26 · update #1
"Conspiracy to murder" is a crime and since the district attorneys and police use laws to protect the people against crime, they have to apply criminal law in this case.
2006-09-17 06:18:39 · answer #1 · answered by HawkEye 5 · 2⤊ 0⤋
Double jeopardy wouldn't apply here, since it wasn't a 'real' trial. Now if the police have cause to believe a crime was committed, and a suspect, indeed they can arrest the suspect, and send it to the district attorney with or without the victim pressing charges. In fact in some cases, like domestic abuse where there is evidence of physical injury, they must arrest the abuser even if the victim refuses to cooperate with them. It would then be up to the DA to press charges or dismiss the case.
2006-09-17 06:23:11 · answer #2 · answered by oklatom 7 · 1⤊ 0⤋
The semi-trial was probably a preliminary hearing (to see if there was enough evidence to prosecute). In the case of a capital crime, like attempted murder, the victim does not have to press charges, they will be pressed by the state, and a trial will follow.
2006-09-17 06:23:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
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2016-11-27 20:14:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The guy will go to jail. Serious crimes are crimes against the community. Notice court cases are "The people of the state of _____ vs. Bob," not "Bob's victim vs. Bob." This doesn't mean that Bob will be convicted. While he will be arrested, he may not even be charged with anything. If the victim does not wish to press charges, they will mostl ikely not testify against Bob. If there isn't enough evidence, the prosecutor will not go forward.
2006-09-17 07:05:48 · answer #5 · answered by Guardsman 2 · 0⤊ 0⤋
Depending on what the crime is, you don't have to press charges for someone to go to jail. Like with domestic violence. If a husband hits his wife and she calls the police and then decides she does not want her husband to be arrested, too bad, it is out of her hands now, he is going to jail anyway.
2006-09-17 19:27:11 · answer #6 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋
There are crimes that you can be arrested for and not have a victim. One that readily comes to mind is murder. Another would be domestic battery.
Some of the reasons that the state would pursue charges on behalf of the victim would be their state of mind. They may not have the faculties to make a reasonable decision.
2006-09-21 10:50:10 · answer #7 · answered by Eddie 4 · 0⤊ 0⤋
Serious crimes dont need someone to press charges. The problem may be that they need a witness. If you refuse to testify under subpoena, you many be held in contempt of court and placed in jail
2006-09-17 06:17:50 · answer #8 · answered by Anonymous · 2⤊ 0⤋
The guy may go to jail because he showed a weapon and that is against the law to point a weapon to someone.
2006-09-17 06:23:23 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Absolutely! If you break a statute of law you are subject to arrest!
Happens everyday of the week. Of course, certain criteria has to be present!
2006-09-22 02:12:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋