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If criminal mischeif charges are filed against a person and the person who files them drops the charges can the county prosecute still prosecute you? Also if yes what is the likly hood of this happening?

2007-01-07 13:57:40 · 5 answers · asked by GirlNextDoor 2 in Politics & Government Law Enforcement & Police

5 answers

Criminal mischief is such a broad charge.
I would guess it would depend on what actually happened, (did the police come to the house or see the incident) it would also probably depend on the record of the person who had the charges filed against him and WHY the 'victim' dropped the charges. If the victim says that he made up the charges (because he was mad or whatever) the 'victim' might change his mind about dropping the charges or he could get a 'false reporting' (or the equivelant charge) for that. If the person who had the charges filed against him was on probation or parole, an eager officer might 'revoke' him based on same.
In my state victims of domestic violence of any sort have a NO drop clause with the prosecutor.
It is Law so even if the husband and wife (or boyfriend and girlfriend) come to court holding hands, the prosecutor has to proceed with the charges.
It is not too likely that the prosecution will win with no prosecuting witness but they try the cases anyway.

2007-01-07 14:06:58 · answer #1 · answered by lisa s 6 · 0 0

Yes, you can still be charged and prosecuted. It depends on the severity of the case.

2007-01-07 14:05:10 · answer #2 · answered by Mightymo 6 · 0 0

Yes a prosecutor who feels strongly about the case may still pursue the charges if they feel they have enough evidence against you without the main witness. That an it is an election year.

2007-01-07 14:01:33 · answer #3 · answered by jy9900 4 · 0 0

Depends on the case . If it is domestic violence the victim
does not have to file charges, just have evidence of physical
violence.

2007-01-07 15:04:29 · answer #4 · answered by Benchwarmer 3 · 1 0

yes the county can still prosecute

2007-01-07 14:04:47 · answer #5 · answered by Anonymous · 0 0

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