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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.

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15y 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.


Can I drop charges against the victim?

No, as a victim, you cannot drop charges against the perpetrator. The decision to pursue criminal charges lies with the prosecutor and the court, not the victim.


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 the victim drop charges in a criminal case?

Yes, in a criminal case, the victim cannot drop charges. The decision to prosecute lies with the state, not the victim. However, the victim can choose not to cooperate with the prosecution, which may impact the case's outcome.


Can a victim drop assault charges?

Yes, a victim of assault can choose to drop charges against the perpetrator, but the decision ultimately lies with the prosecutor handling the case.


Can a victim drop charges in a criminal case?

Yes, a victim can request to drop charges in a criminal case, but ultimately it is up to the prosecutor to decide whether to proceed with the case.


Can a victim drop charges against the accused?

Yes, a victim can request to drop charges against the accused, but ultimately it is up to the prosecutor and the court to decide whether to proceed with the case.


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.


What does Déposer mean in English?

it means testify against some one