Okay lets say someone steals someone TV. The cop catches him and the person that he stole the TV from does not want to press charges. Does he still go to jail for robbery or is it dropped because the owner of the TV does not want to press charges?
2007-11-23 09:55:06 · 16 answers · asked by Watch it bub! 3 in Politics & Government ➔ Law Enforcement & Police
I am a police officer. If a victim tells me they do not want to press charges, I do not make an arrest. However, I COULD still make an arrest if I wanted to. I would need to prove my case without the uncooperative victim's testimony or force the uncooperative victim to testify by subpoena. But my view is that I am a public servant - here to serve victims. If the victim asks to have no prosecution - then thats exactly what I give them.
2007-11-23 11:29:06 · answer #1 · answered by Bob 3 · 0⤊ 0⤋
First off, for it to be Robbery, the suspect would need to threaten bodily harm or inflict bodily harm in the act of taking someone's property. The victim would be the one who advises the cops to press the charges and the state would prosecute. If the victim does not want to press charges and it went to trial and the victim stated that he/she didnt want to press charges on the defendant the court would dismiss the case. How do you think the mafia got away with so many crimes, coercion much? You can still be taken to jail though, it all depends on the circumstances.
2007-11-23 18:02:06 · answer #2 · answered by RedMan 4 · 0⤊ 0⤋
Depends on the laws of your state. Some states it is up to the officer as what you are charged with. Because if the victim has been threatended or is scared the police may just press the charges and make sure the one being arrested is aware that the victim has chosen to drop charges however the law states >>> so they can charge the person.
It works with Domestic and Family also.
2007-11-23 17:59:46 · answer #3 · answered by Poppy 2 · 0⤊ 0⤋
If the police were at the scene and arrested him, he would be charged with petty larceny and breaking and entering, whether the offended victim chose to press charges or not. If the victim (the person whose TV was stolen) decided to press charges, it would be more of a civil nature and the police and district attorney's charges would be criminal. And, yes, those sort of charges would be within the state, they would not be serious enough for federal charges. Federal charges are usually only applied in murder or something federally related, like taxes.
2007-11-23 18:01:06 · answer #4 · answered by Euralalya 5 · 1⤊ 0⤋
The District Attorney can always bring charges with out regard for the wishes of the victim. People don't press charges States do.
2007-11-23 18:04:40 · answer #5 · answered by greens626 2 · 0⤊ 0⤋
Yes. In that circmstance i believe that the State can and will still press charges because stealing is against the law. For most offenses, even if the victim does not wish to press charges, because of the nature of the incident being a violation of the Law, the state therefore acts with it's Supreme authority <& jurisdiction> to enforce the law, in order to appesase the demands of the Law, which requires consequence for trespass and transgression against it (i.e., the actual law that was violated.)
Best bet is not to steal the TV Lmao! â¥
2007-11-23 18:01:30 · answer #6 · answered by Anonymous · 0⤊ 1⤋
The owner does not have to file charges in some cases.
However,since the owner filed a police report the person caught with the t.v. could still be charged with possession of stolen property. If the evidence collected at the crime scene indicates the person in possession of the t.v. committed the theft,then they can still be charged with the theft also.
2007-11-23 20:02:06 · answer #7 · answered by Ralph T 7 · 0⤊ 0⤋
The District attorney usually decides but sometimes the law does not give him a choice.
It all has to do also with what was going on before and after the incident.
But expect the D.A to file charges and the Judge to allow the wheels of Justice to roll on. However the slow justice happens, accept that it will happen according to the law of the land! King Solomon I think quantified it and started the process of the concept of justice in society.
2007-11-23 18:07:59 · answer #8 · answered by forefune 2 · 0⤊ 0⤋
Yes. Even though the injured party doesn't want to press charges the crime was committed so the district attorney would press charges for the state.
2007-11-23 17:59:28 · answer #9 · answered by David T 6 · 2⤊ 1⤋
if the owner of the t.v does not press charges then charges are dropped therefore the person does not go to jail. good question i'm a criminal justice major :) (wait you didn't steal someones t.v. did you??)
2007-11-23 17:59:10 · answer #10 · answered by nikib42481 1 · 1⤊ 0⤋