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If a victim files a complaint and a prosecutor chooses not to take it to court what can you do?
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Why would a prosecutor call the victim?
Often the prosecutor would call before court to determine how best to question the victim and to determine how the victim will present themselves in court. The prosecutor might also call to get the victim's input on a plea bargain or settlement offer. Since the prosecutor is representing the interest of the victim, they may wish to talk for any number of reasons.
Is it possible in the US for a complainant plaintiff or State witness in a criminal case to withdraw the charges or case against the defendant?
The person who was the victim of or witness to a criminal act is technically the complainant for the State's case. The victim becomes the State's witness, not a plaintiff. As such, it is not the victim's case, but the prosecutor's case. The prosecutor does not--and should not--just drop charges because a victim asks for the charges to be dropped. In addition, because the victim and witnesses are the State's witnesses, the Court can compel you to appear and testify. A victim cannot withdraw the original complaint, nor impede a court case. The prosecutor's staff will help a nervous or fearful witness to testify. But only the prosecutor can decide whether to offer lesser charges in a "plea deal"; prosecutors do not need the victim's permission to allow the defendant to plea, but the victim might be consulted if the deal means significantly less prison time. So the answer to your question is No, a victim cannot withdraw charges especially once the prosecutor already has the case.
Who is the guilty person in court called?
The accused person (who might be guilty) is called the defendant.The victim is represented by the state via the prosecutor (who is rarely the district attorney), though the victim may appear as a witness.A person suing in civil court is called a plaintiff.
What happens in an attempt of murder case when the victim don't show for court?
If it did happen that the victim did not appear, the case would probably be 'continued' until the prosecutor and law enforcement had an opprtunity to locate and contact them and/or look into the reason why they failed to appear.
Who can press charges in a domestic battery case?
No individual can "press charge" - they can only swear out a complaint in court, or they can report the battery to law enforcement. It is the victim of the violence who must swear out the complaint or, in the case of a juvenile, the parent or guardian of the juvenile.
What are the differences between complaint indictment and information?
an indictment is handed down by a grand jury when someone is charged with a crime if the prosecutor decides to charge someone with a crime without going through the grand jury process they file whats known as a complaint or an information directly with the court.
Can you mail an answer to complaint to the court in CA?
It depends on what form the complaint is in. Call the Clerk of The Court's office of the issuing court and ask.
Answer to a complaint?
If you are served a complaint, you have 20 days to file your answer with the court. In your answer, you admit or deny the allegations in the complaint.
Is there a difference between a summons and an answer to a complaint?
Yes, a summons is a requirement to be someplace, normally at a court or deposition. The answer to a complaint is the response to a complaint that has been filed with the court and served on the other side.
What is an Ex Officio Indictment?
Basically,whena person charged with a crime chooses to plead guiltyinstead of going to trial. The court has the option of accepting or denying the action at its descretion as does the prosecutor.
How to file a complaint in consumer court in India?
If you have a complaint against a company or an individual for goods or services purchased, you can file a complaint in a consumer court in India. Hiring a consumer court lawyer to represent you in court can help ensure that your case is presented effectively. Here is a step-by-step guide to filing a complaint in a consumer court in India: • Determine the jurisdiction: You need to determine the appropriate consumer court based on the value of the dispute and your location. There are district, state, and national levels of consumer courts in India. • Draft the complaint: The complaint should include the details of the dispute, such as the date of purchase, the name and address of the defendant, and the grounds for the complaint. • Hire a consumer court lawyer: A consumer court lawyer can help you draft the complaint and represent you in court. They can also advise you on the merits of your case and the chances of success. File the complaint: You can file the complaint either in person or by post. Most consumer courts have a specific format for filing complaints, and you may need to pay a fee for filing the complaint. In conclusion, filing a complaint in a consumer court in India can be a complex process, and it is recommended to hire a consumer court lawyer to represent you in court. A consumer court lawyer can help you understand the legal process and ensure that your rights are protected.
Who issues an indictment in a court of law?
The Prosecutor's Office.
