At this point, it is the State v the defendant, not you.
You can choose not to testify, at which time, the defendant's attorney will ask for a mistrial or for the case to be dismissed with prejudice, which means it cannot be tried again if you change your mind.
Plus, if the defendant decides to assault you again, the State will have a difficult time prosecuting any subsequent cases against him. So he might continue to beat you and get away with it.
2007-08-12 10:26:00
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answer #1
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answered by CGIV76 7
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UK law answer. As others say, its now up to the prosecution, not you, although the prosecutor MIGHT drop the charges for a variety of reasons. Talk to the police officer dealing with your case, why do you feel its not worth the aggro. maybe you should remember, assuming that what you have said in your statement is true, there comes a time when you have to stand up to bullies. In appropriate situations there are witness support officers who will support and guide you through the trial procedures.
As for the other consequences. If it goes ahead and you refuse to attend, the court could issue a witness summons compelling your attendance, If you still didn't co-operate you could be treated as a 'hostile witness', to the side that called you, ie. the prosecution, and could be asked questions in a more direct and, perhaps, upsetting manner.
Its also worth remembering, that IF you were entitled to any compensation under the criminal injuries compensation scheme, any award to victims will probably be refused if the victim doesn't co-operate in the prosecution process.
Edit 1: To put your mind a rest a little bit, the offence of wasting police time is not appropriate from what you have said, the offence is applicable to people making a false accusation of an offence, and that is not the situation you are talking about.
2007-08-12 13:23:39
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answer #2
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answered by on thin ice 5
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You have put other people to trouble in this matter and court time has been set aside for it. If you are being harrassed in some way and that is why you want to drop the case, then you must make that plain to the police so that appropriate action can be taken. All you have to do is turn up at court and give evidence. That isn't too much to ask, surely?
If you just don't turn up to court, then the usual procedure is to set another date for mention, just to see why you didn't show up. I don't think that the police are going to be very happy if you tell them that you couldn't be bothered, but if that is your attitude, then either the CPS will write to the accused to tell him that they are discontinuing the case or they will wait until the date to which he is bailed to offer no evidence.
There is such an offence as wasting police time.
2007-08-13 03:36:51
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answer #3
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answered by Doethineb 7
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Like others have said, it's a criminal matter and the suspect has been charged by the police and summoned to court. It's not a civil matter where you can change you mind.
You can decline to give evidence, but the court aren't going to be impressed. If you have received a witness summons to attend court you cannot ignore it, otherwise the court can issue a warrant for your arrest so that you can be brought before them to explain yourself.
I'd speak to the officer dealing with your case and explain your concerns. Most forces have contacts with witness support people who can help you and even accompany you to court.
2007-08-12 21:27:53
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answer #4
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answered by champer 7
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You have been given some good advice. As the others said, it is out of your hands now. If you change your story, you could be charged with perjury (in court) or filing a false police report. Police officers and the court staff do not take kindly to either of these, nor will they appreciate that you cannot be bothered now. (remember, it's a hassle for all of them, too.)
2007-08-12 11:23:04
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answer #5
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answered by fordkid14 4
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Oh yes it is worth the hastle. If you do not go through with it the toe rag who asualted you will think he is above the law and do it to someone else. if he does it to you again do it again
2007-08-13 03:22:13
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answer #6
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answered by Scouse 7
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It's out of your hands. the Police pass evidence to the DPP and they take it to court if theres enough evidence. Not you.
Only they get to 'drop it'.
2007-08-12 10:17:26
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answer #7
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answered by Ring of Uranus 5
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if the police are bringing the charges you cant unless you change your statement in court , then you will be charged
2007-08-12 10:14:08
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answer #8
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answered by pj 3
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go through with it - if someone has assaulted you they should be dealt with - if they get away with it in your case they'll just think they can get away with it again
2007-08-15 00:15:17
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answer #9
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answered by gillm 4
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Man up and go thru with it
2007-08-12 10:14:43
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answer #10
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answered by LEO53 6
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