Sure they can. Better get a good attorney.
2007-12-06 05:15:46
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answer #1
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answered by Anonymous
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They can be tried, but the case is weakened greatly. If the victim is not there to point and say it was actually that guy sitting right there, they actually have no proof even with pictures, or witnesses. All the picture would show is a bruise but not who or what caused it.. A great help would be to have the victim come to court and say it wasn't this person all together. But in 90% of the cases a prosecutor will drop the charge before trial. He has no case. Stay out of trouble.
2007-12-06 13:22:04
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answer #2
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answered by lifelongskinsfan 3
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Depending on where you live you can. The area I live in the state can still file charges even if the victim doesn't want to testify against you. The state will only do that if they have a really good case that they don't need the victim.
2007-12-06 13:16:24
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answer #3
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answered by Anna 1
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In the US of A, yes!
For example, in case of alleged domestic violence, one partner "batters" another yet is terrified to testify for fear of later retaliation.
In many jurisdictions now, the State can prefer charges rather than the victim.
Check w/your local prosecutor or a criminal attorney for an answer in your specific locality.
2007-12-06 13:18:57
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answer #4
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answered by Mary N 5
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If the police and District Attorney wish, they can pursue charges and criminal charges with or without the victims approval and can subpoena the victims to testify.
2007-12-06 13:22:56
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answer #5
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answered by Jan Luv 7
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Of course, if they have other evidence, such as a witness.
Also, if the victim reported it at the time, he can be put on the stand and questioned whether he wants to be or not. If he refuses to answer he can be jailed for contempt of court, and if he lies his earlier police report can be entered as impeachment evidence, and he can be prosecuted for perjury.
Richard
2007-12-06 13:17:56
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answer #6
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answered by rickinnocal 7
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If the DA's office takes it up and there are credible witnesses then yes.
Otherwise, if the victim will not testify then the case goes nowhere.
2007-12-06 13:15:25
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answer #7
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answered by Anonymous
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Happens all the time in domestic abuse cases. Why wouldn't this person want to testify unless they are scared of another beating.
2007-12-06 13:19:48
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answer #8
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answered by john a 6
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If "tell-tale" marks were found on the alleged victim by the cops and entered into the incident report then yes, definitely.
2007-12-06 13:17:42
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answer #9
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answered by Anonymous
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I do believe that in most states they can if they have proof of it. Say pictures of the person who was battered showing the cuts and or bruises. And especially if the police saw the batterer doing it.
2007-12-06 13:16:12
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answer #10
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answered by Fruit Cake Lady 5
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yes the arresting officer can proceed with the case without the victim. lots of domestic violence cases are tried that way.
2007-12-06 13:17:28
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answer #11
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answered by jgonzos6 4
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