Because in the State of Texas the halls of justice are painted green. I have just been through the same thing. I was horsing around and playing a joke on a mutual friend of mine and my wife's and the Pflugerville (Travis County) police pulled up and accused me of destruction of public property. I was ultimately charged with a class B misdemeanor (considered a crime of moral turpitude which does NOT look good) and taken to jail. Even though I had a signed affidavit and our friend refused to testify the prosecution absolutely refused to drop the case because it was the county that filed the charges and they did not need her testimony to pursue further action. All it boils down to is money in Texas. They want your money and they don't care how they get it. Even if it means doing the wrong thing and hurting someone. Your best bet is to have your attorney speak with the prosecution (DA) and plea down to a class C misdemeanor depending on your alleged offense. Then, you will be able to have the arrest and the charge expunged at a later date. I believe it is now two years before you are eligible for expunction. Best of luck and get ready to bend over for Texas. I know I had to. And they DON'T use any lube when they bend you over. :(
Generally not. The prosecution is in the hands of the prosecutor, and only the prosecution can decide to drop or pursue a case.
The prosecution in the court room means they are representing the victim in a criminal case. The prosecution has the responsibility to prove that the defendant is guilty.
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.
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.
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.
In criminal law, the party is not referred to as the plaintiff. There is only the prosecution and the defendant, and the prosecution will always show up. In criminal law, there is a complainant, who is commonly the victim to the crime. If that victim does not show up, the prosecution requests a continuance, and may even submit a Motion to the judge to compel the victim to court. Generally, with proof that the prosecution has properly attempted to subpoena the victim, the judge may give two or possibly even more continuances, depending upon the customary practices of the judge and the seriousness of the crime alleged.
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.
A prosecution witness is someone who will provide evidence for the prosecutions case. If i was representing a client who was shot by his friend and witness by another friend I, as the lawyer (prosecutor), would be representing my client (the victim, or plaintiff), and suing the defendant (the shooter) and calling the witness to testify on behalf of my client (the victim) proving the fact that the defendant shot my client (the plaintiff).
No. If police get called, you go to jail. Criminal law does not depend on the nationality or the status of the victim.
# Alameda county criteria Domestic Violence shall no longer be in the hands of the victim, it shall now be in the hands of the prosecution 2000
In a felony case, the crime you commit is not against the person, it is against the STATE. The individual victim does not "charge" you with anything. It is the STATE that charges you, the victim is merely the complaining witness. If they wish not to cooperate, the state MAY drop the case, but it is not certain that they will.
Prosecutors decisions are motivated by both legal and extralegal factors. (strength of the evidence, relationship between the defendant and the victim, defendant's prior history, and facts of the case) Because legal facts to not support the entire story prosecutors also base their decisions, consciously or not, on a host of other extralegal factors such as victim stereotypes (Limited prosecution resources, desire to win, race, sex, or lack of motivation to pursue a particular case)
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.
No. Abduction is a crime against state law, and generally prosecutired as a felony offense. The victim has no choice in the matter of prosecution and is only a witness to the fact that they were, in fact, abducted.
No, once the charges have been filed the case is in the hands of the prosecution and the involved parties have no say in the adjudication process.
There is no legal action of the sort referred to. The victim of a crime may choose not to give voluntary testimony as evidence at a trial, but they do not have the power to request that charges be dismissed. In most cases a victim can be forced to give testimony and if necessary the PA can request to have such testimony entered into the court record as being given by a "hostile or unco-operative witness".
Code Section2C:1-6;FeloniesMurder, manslaughter: none; official misconduct, bribery and related offenses: 7 yrs.; others: 5 yrs.; if victim under 18, prosecution must begin within 5 yrs. after victim attains 18 for sexual assault, criminal sexual contact and endangering welfare of childrenMisdemeanorsPetty offense or disorderly persons offense: 1 yr.Acts During Which Statute Does Not RunFleeing justice; prosecution pending for same conduct See below link:
No. Civil issues cannot be decided as part of a criminal prosecution. Restitution is a criminal sentence, not a civil award. If the victim would like to seek civil damages, he or she must file a civil suit.
As with all crimes, the state and state alone makes the decision about whether or not to pursue criminal charges. It isn't up to the alleged victim.
If the victim filed an offense report with law enforcement reporting that a criminal act had been committed against them, the police and the legal system are obligated to pursue the matter. A violation of state criminal law is a violation against ALL citizens of the state, not just against one individual who may decide, at their whim, to prosecute or not. Whether the individual wishes to drop charges or not has no effect on whether the case will go forward or not, once they reported it, it is out of their hands.
Punching another person is the crime of battery. If the victim contacts the police and requests prosecution, you may be prosecuted. If this happens, you will probably be arrested, and then go through the standard criminal process.
A direct victim is the actual victim of a situation. If a man is beating his wife, she is the direct victim.
Private individuals can NOT "press charges" against anyone. Only the prosecutor's office can bring charges. The most the victim can do is REPORT the alleged offense to law enforcement who will then take the necessary action. After having made a report which results in an arrest and prosecution, as the victim (i.e.; complaining witness) you will be required to testify as to the offense committed against you.
The cast of Death by Death - 2010 includes: Mary Barkaszi as Victim Gina Barkaszi as Victim Tony Barkaszi as Victim Dominic Barkaszi as Victim Kristen Chandler as Victim Philip Cordell as Victim Tom Delfino as Victim David Ditmore as Victim Daniel Dones as Victim Heidi Ervin as Kate Paige Hager as Victim Billy Hardwick as Victim Justin Janssen as Victim Steven Knapp as Guild member Will Pettus as Victim Todd Pewitt as Victim Wynn Reichert as Ben Chad Riden as Victim Joe Southards as Guild member Brian Woollard as Victim