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3 answers

Simple answer in any criminal trial the prosecution brings charges and only the prosecutor or in some cases such as domestic violence only the judge has the power.

A victim or witness never has the power to have charges dropped...all they can do is request the charge be dropped and then the prosecutor decides if he or she has enough evidence to go forth without the witness.

For example a person who was robbed at gunpoint wants to have charges dropped because he is afraid of the suspect.
Well lets say the prosecutor has the tape from the ATM showing the robbery...he may just tell the witness stay home I have everything I need...he doesn't drop charges just because a witness asks him to.

The prosecutor's client is the community not the victim.

2007-05-04 16:52:42 · answer #1 · answered by Dr. Luv 5 · 0 0

If you're arrested, you're facing criminal charges. These are brought by the state, but if the victim doesn't want to cooperate, they're going to have a really hard time prosecuting you and will probably drop the charges.

The victim may, at their discretion, seek civil remedies, as assault is a cognizable tort. If they aren't cooperating with the DA, they're not likely to seek this as a remedy either.

2007-05-04 23:04:34 · answer #2 · answered by Ryan D 4 · 0 0

If it is domestic violence, then the state places the charge, and not the individual. Also, if it is a child who is the victim, the state places the charge. As to regular old assault and batter, I'm not sure, but there seems to be a growing trend to file charges in the name of the state, not the victim.

2007-05-04 23:00:07 · answer #3 · answered by cyanne2ak 7 · 0 0

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