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Does anybody have case law on a victim that does not want to prosecute and the state does plus she changed her story?
Wiki User
∙ 13y ago
There are a plethora of cases concerning issues like the one you set out here. Each state can be different in how they do these cases, and without more information it will not help to give you a case from another state, that your state court would ignore.
In a constitutional aspect the case law, and constitution, are clear that if that person does not show up to court and testify against you then you cannot be convicted. There is a caveat though, as certain states enforce (or try to enforce) an 'excited utterance' rule/law and will use her first (best) story against you; these turn into a very long court battle.
It is of the strongest advice that you hire an attorney, or request the court appoint you one (they know the state laws, rules, and probability of outcome) where we online do not.
Wiki User
∙ 13y ago
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What happens if the state motions to prosecute a domestic violence offender after the charges are dropped?
Assuming that you mean the charges were originally taken by the victim and dropped by or at the request of the victim, Then if the state (in GA at least) motions to prosecute (typically domestics) on behalf of the state, then the charges stand and the victim takes on the role of victim/witness in stead of victim/complainant. The state can continue to pursue domestic violence charges and prosecution in domestic situations now due to laws adopted after years of battered spouses dropping charges against their abusers because of fear and misguided loyalty.
What is statute of limitations for suing for an inheritance in Missouri?
If a child was molested at age 17 in the state of Missouri, how long is the statute of limitations open for the victim to prosecute the perpetrator?
Who pays for the state to prosecute?
Taxpayers.
Can a victim receive a subpoena?
Crime is more than a personal issue, it is an offense against society, that is why the STATE prosecutes instead of the individual. Even if the complainant does not wish to prosecute they may need to be involved in the prosecution.
If something is stolen in one state and sold in another where are they convicted?
There are two crimes - possibly three. (1) the theft (2) transporting the property across state lines (3) knowingly disposing of stolen property (fencing). The state that the theft occurred in could prosecute you for that. The state that the items were sold in could prosecute you for that. If the item concerned qualifies under federal law, the feds could prosecute you for taking it across state lines.
Is there a statute of limitations on a misdemeanor domestic violence charge that the state can prosecute?
yes
What are the victims rights when their case is dropped?
When a case is dropped, victims still have certain rights. These rights may include the right to be informed about the reasons for the case being dropped, the right to be treated with dignity and respect, and the right to receive support and services from victim assistance programs. Additionally, victims may have the right to pursue civil remedies or request a review of the decision to drop the case.
What is the principle of dual soveriegnty?
It is the principle that both State and Federal Government can simultaneously make laws and prosecute crimes in a State.
Will prosecution drop case if the victim drop charges on a theft case?
Not necessarily. The prosecution (The State) does not need the participation of the victim. Furthermore, the victim cannot "drop the charges" since the charges are not brought by the victim. The charges are brought by The State on behalf of the victim - who may or may not wish to participate. Occasionally, at the request of a victim, The State may agree to drop the charges.
If a person doesnt file a complaint can police do so?
In the United States, criminal charges against a defendant are brought by the state, not by victim(s) of the crime. While a victim may provide a statement to the police which leads to the alleged perpetrator being charged with a crime, it is the police, not the victim, who actually file the charges, and the district attorney, not the victim, who prosecute. Therefore, yes, the police can and sometimes do file charges even when the victim(s) of the alleged crime choose not to cooperate with the police. This happens, for example, in domestic violence cases, where the victim of the domestic violence may be cowed by an abusive partner or spouse into not pressing charges, but the police might still pursue them.
Should perpetrators of domestic violence be prosecuted without the victim's consent?
Yes. Crimes are prosecuted by the state, not the victims. Whether or not the victim wants the crime prosecuted is irrelevant. If the crime has been committed, there is enough evidence to prosecute, and it is in the public's interest to curb this type of crime, the crime should be prosecuted. Additionally, in the area of domestic violence battery particularly, there is an emotional involvement between the victim and the defendant. In this area, perhaps more than any other area, the defendant "gets to" the victim and discourages cooperation at an alarming rate. Often, when the victim refuses to cooperate with authorities, and the case is not prosecuted, the victim is attacked again later by the same defendant.
Can a 16-year-old go out of state with someone 18 years old in Pennsylvania?
It depends on what state you are from, because if it is illegal in your state than its your state, not his, that would prosecute him.
