0
Will prosecution drop case if the victim drop charges on a theft case?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoIn 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.
Add your answer:
Earn +20 pts
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.
Will prosecution drop case if the theft use fake police id?
If what you're asking is "Will the prosecution drop the case if the thief used a fake police ID" Then the answer is no, I would imagine they would add an extra charge of felony impersonation of a law enforcement officer to the charges.
What does the prosecution means?
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.
After the state of South Carolina has taken over a CDV case can the victim do anything to have it dropped or stopped?
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.
Is it necessary in an assault case for the victim to press charges or can other parties press charges-?
The police or the victim are the only people who can press charges in an assault case.
Do the relatives of the victim of attempted murder can file a case outside their own city?
If the police and prosecution service believed there was enough evidence to proceed then they would file the charges. The relatives have nothing to do with a case of attempted murder. It may be a case of the NOK has to be informed.
If the victim drop the complaint do the victim still have to testify?
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.
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.
If someone press charges on me and dies is case dismissed?
Not necessarily. It can depend on the type of case. If a murderer's victim dies, they don't drop the charges against the person that murdered them, do they?
Are you legally allowed to see a statement used against you in a prosecution?
The charges brought against you in a case will be given to you in the form of a subpoena. The subpoena will tell you the charges and how to further proceed.
Can a victim file charges in a district other than where the crime took place?
Generally only the agency where the crime took place will accept a crime report. In any case, the victim does not file charges. Charges are filed by the prosecuting attorney.
What is the process of pressing charges for a minor theft?
Civilians cannot "press charges." Only law enforcement and prosecutors can "press charges." However, you can REPORT the offense (and whom you suspect) to law enforcement and they will investigate and take action if they find enough probable cause that the offense occurred, regardless of the age of the perpetrator.
