A complainant filed a report against a friend who in turn was charged with a felony crime. Trial is coming up. The complainant is a female and now she feels bad about what she's done and says she only did b/c police threatned her with jail and losing her kids. Shes changed her # and residence and says shes not going to contact the D/A b/c if she does they are coming to pick her up for jail. Constantly calls my friend who she made the charged against-crying, begging for forgiveness, didnt mean to lie about some of things she said in the report, shes in love, blah, blah, blah...My friend has to still go to court. Would the judge dismiss this case or would still go on?
2007-01-17 02:53:07 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It depends on the type of crime and what state this occurred in.
Here in California, the state has the authority to prosecute felonies even if the victim is unwilling or recants. The state can serve on behalf of victim for this purpose. Of course, realistically, it is very difficult to prosecute a case with an uncooperative victim. The only cases that I see that are commonly prosecuted successfully without the cooperation of the victim are domestic violence type cases.
2007-01-18 18:19:18 · answer #1 · answered by James P 4 · 0⤊ 0⤋
Here in Canada... no victim, no crime. If the witness does not show there can't be a trial. The crown attorney may drop the charge or stay the charge. A witness warrant may also be issued for the complainant.
Don't believe the part about the police threatening to take away kids, send her to jail. Sounds like she is telling tall tales there.
2007-01-17 02:59:32 · answer #2 · answered by joeanonymous 6 · 1⤊ 0⤋
Maybe or maybe not. She could be charged with comtempt for failing to appear, if she recants her story should could be charged with making a false official statement, if she lies in Court, then purjury.
Police don't usually threatened witnesses with jail (what charge? or to take their kids) when investigating a crime. Sounds as if your friend is trying to make the police the bad guys here and wants an excuse to mollify her behavior at the time.
Failure to Appear could result in a Warrant for her arrest, good luck.
2007-01-17 03:02:52 · answer #3 · answered by jack w 6 · 2⤊ 0⤋
It depends on what the charge is. From what you've said I'm going to guess it domestic violence. If that is the case then it depends on the state you live in. In some states the state can press domestic violence charges even with out the complainant.
2007-01-17 03:06:54 · answer #4 · answered by jenpoesavon 3 · 1⤊ 0⤋
Here in California, the case will continue. The witness must have a good reason to tell the court that what she/he had reported earlier was not accurate and make the charges as a mistake. The witness must have a good story to tell so that the Judge should believe er/him.
2015-04-08 05:48:11 · answer #5 · answered by Marcel 1 · 0⤊ 0⤋
you want to reveal a lot extra element of the incident. My first question is why became he hit? became your pal resisting arrest? became the officer appearing in self-defence? only because your pal has been released for free of charge does no longer mean the arrest became unlawful. you in reality favor to suspect someone has dedicated an offence to arrest. many human beings finally end up being released through a lack of information to charge. in case your pal believes he has been unfairly dealt with then he ought to whinge. this can hence be investigated by the pro criteria branch of that distinct rigidity.
2016-11-24 23:11:26 · answer #6 · answered by kinkade 4 · 0⤊ 0⤋
Prosecuting Attorney will supeona her, she doesn't show, she will be arrested and be held for failure to appear.
2007-01-18 20:50:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋