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If the victim drop the complaint do the victim still have to testify?
Wiki User
∙ 14y ago
This would be an unusual circumstance, the prosecution usually will not proceed with a reluctant complainant, however, yes, the case could still go ahead. If the state still wishes to proceed with the prosecution they could call the 'victim' to aid in the case.
Wiki User
∙ 14y ago
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Can the victim of aggravated menacing drop the charges?
Once the charges have been placed only the prosecutor's office has the authority to 'drop' them. The complainant/victim may advise the prosecutor's office that they are reluctant to pursue the matter, but the decision is no longer their's to make, it is up to the prosecutor.
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.
How can a person be convicted of dissuading a victim if there was no crime when charges were dropped?
Your question is an attempt at changing the time-line of events, and re-stating them out of the sequence in which they actually occurred. (1) You committed the offense (2) The victim reported it (3) You were arrested (4) At sometime after your arrest you apparently brought pressure to bear on the victim to withdraw their complaint against you. It is at this point that you apparently committed the act that 'dissuaded' the victim (Intimidation of a State's Witness) from going forward with their testimony . FACT: simply because the victim expresses the desire withdraw their complaint does NOT automatically "drop" the charges and make them 'go away.' In reality they weren't dropped, and the charge still exist because it is the STATE that is prosecuting you for the offense, and NOT the individual victim personally.
If someone drops charges for battery M1 can they go back and press charges later?
Citizens cannot "press' or "drop" charges. That function can only be done by law enforrcement or prosecutors. Citizens CAN refuse to either complain or testify in their case. Once they have refused to complain, or refused to testify, it is unlikely that they would be able to re-institute the complaint once they had dropped it.
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.
Can you have charges dropped against someone who assaulted you with a weapon in tx?
YOU cannot have the charges dropped by yourself. Such an assault is a crime against the state and only the prosecutor can 'drop' the charges. If you are a reluctant 'complaining witness' speak to the prosecutor about your hesitation to go forward.
Can the victim of assault drop the charges in Iowa?
Generally not. The prosecution is in the hands of the prosecutor, and only the prosecution can decide to drop or pursue a case.
What does motion for leave to amend felony complaint . Who files this the accused or the DA. Does this mean motion to drop the charges?
get a lawyer
What do you think of university of derby?
its rubbish. the lecturers dont know what they are on about, very condescending, and any attempt at a complaint is thrown out. Been issued with ultimatums such as drop the complaint or be kicked out. If you want to learn something, go to a proper university.
What is the trapdoor on a gallows through which the victim falls?
not 100% but fairly sure it was called the hangmans drop. paulmcq
What actors and actresses appeared in Drop Still - 2011?
The cast of Drop Still - 2011 includes: Jen Rosenblit
I am the victim in a strong arm robbery case but I no longer want to testify All the Prosecutor has is my police report Do you think that is sufficient evidence for trial?
Sorry, no, that is not enough, In the US the defendant is entitled to be confronted by their accuser. In a Forcible Robbery case it is a crime against the state and you are the Complaining Witness (Complainant). It is not within your power to "drop charges" or anything like that. Talk it over with the Prosecutor and tell him/her your apprehension.
