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If a person charge 2 people of comitting a crime can they later drop chrges against one person and not the other?
Wiki User
∙ 14y ago
The answer depends upon the stage at which it was "dropped," and if it was dropped by a court, whether it was done with or without "prejudice." It can also depend upon the statute of limitations.
Here's an example: Bill beat his wife. The police are called and Bill is arrested. In olden days, the wife would be asked whether she wanted to "press charges." If she said no, there would be no further steps taken in the criminal justice system. If that's what you're referring to, yes, assault charges could be brought (in criminal cases, it's never the victim "pressing charges." Only the government can do that. So, if the statute of limitations for assault has not run out, then it is possible that a prosecutor could file criminal charges.
In any case where criminal charges have been filed and "Bill" has been summoned to court, if the judge drops the charges, she'll do it in one of two ways:either with or without prejudice. If a case is dropped without prejudice, then the charges can be refiled within the statute of limitations. If the case is dropped with prejudice, then the charges cannot be brought again (absent the judge's decision being overturned by a higher court.)
Also, once a jury panel is sworn in to start the selection process "jeopardy" has attached and the charges cannot be re-brought by the same government agency. Double jeopardy does not prevent the Federal government from charging you (say with bank robbery) even if you're acquitted in State Court. Same goes with Tribal nations - as long as these other sovereign governments have jurisdiction too.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoOnce a crime has been charged, it is not up to the complaining victim whether to drop any of the charges-- it is entirely up to the prosecutor. Once the complaint is officially filed, the complainant has no control over what happens to the charges.
Wiki User
∙ 14y agoYes, charges are 'dropped' by the authority of the prosecutor's office, and they can be re-instituted if circumstances change. The only way a defendant cannot be re-charged is if the judge dismisses the charge WITH PREJUDICE.
Wiki User
∙ 16y agoYes, this is what usually happens when an investigation turns up evidence that excuses one suspect and implicates another.
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