0
If you are the victim of a crime and the state picks up the charges can the victim still sue?
Wiki User
∙ 13y ago
Yes, you can sue the perpetrator of your offense in civil court. Think the O.J. Simpson case.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
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 Charges be filed months after the victim tells the police they don't want to file charges at the time of the crime?
It depends on the crime, the state, and the statute of limitations. For a number of misdemeanors, the statute of limitations is just 30 days. Depending on the jurisdiction and type of crime, it might not matter if the victim wants the charges filed or not. It isn't up to them in those areas and situations. For instance, domestic violence is one where the victims usually don't have a choice in filing. The crime is considered to be against the state, not just the victim.
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.
If no charges are pressed by the victim of theft can you go to jail?
Persons/victims do not PRESS charges! The State's Attorney or the U.S. Attorney (depending on the crime) place the charges. Even with a reluctant complainant/victim, if there was enough evidence and/or probable cause to arrest you, indict you, and send you to trial, there is every reason to believe that you could be found guilty.
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 if you move out of state can your charges be dropped?
No, you still have to pay for the crime.
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.
Why do the police ask a crime victim to identify if that is the guy?
A victim is not just a victim. The victim will be the State's number 1 witness, as the victim of the crime. Police need an eyewitness identification of whether a person is or is not the one who committed the crime. However, usually this question is NOT spoken. Instead, the police use a lineup of innocent persons along with one suspect.
What is the status of limitations for filing charges on a felony act committed against you.?
The limitation varies from state to state and in some instances from crime to crime. In Illinois the general standard for limitations on the filing of most felonies is five years. Please note that a private party cannot file felony charges. Felonies must be approved and filed by the prosecuting authority. This can be the state's attorney, district attorney, county attorney or state attorney depending upon the location. If you believe you were the victim of a felony you should contact the prosecuting authority in the area where the crime was committed.
If a crime took place in one state but no charges were filled in that state can another state file charges for that crime?
Yes, it is possible for another state to file charges for a crime that took place in a different state if it has jurisdiction and the crime falls within its legal boundaries. Each state has its own laws and statutes that govern prosecution, so it is important to review the specific circumstances of the case to determine if charges can be filed in another state.
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.
Can simple assault charges be dropped if victim does not testifies?
state can pick up the charge if they want.
