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If you are the victim of a crime and the state picks up the charges can the victim still sue?
Yes, you can sue the perpetrator of your offense in civil court. Think the O.J. Simpson case.
What else can I help you with?
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.
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.
What if you move out of state can your charges be dropped?
No, you still have to pay for the crime.
In Virginia can assault and battery charges be dropped by the victim?
In Virginia, the victim can request that assault and battery charges be dropped, but ultimately, the decision lies with the prosecutor. The state has the authority to pursue charges independently of the victim's wishes, especially in cases involving public safety. If the victim does not want to proceed, they can communicate this to law enforcement or the prosecutor, but it may not guarantee that the charges will be dismissed.
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?
If a crime is committed in one state, the crime is a violation of state law, that state does not file charges, and the perpetrator moves to another state, the second state does not have jurisdiction to file charges. However, the first state can file charges anytime until the Statute of Limitations on that particular crime runs out. This can be years later, and some crimes have no Statute of Limitations. Then they can seek the extradition of the accused to face charges where the crime was committed. The second state will likely graant the extradition request unless an insufficiency of evidence is established during extradition hearings. If the crime was a violation of Federal Law, charges would be filed by the Federal government and it would not matter what state the perpetrator went to. The Federal Government has jurisdiction in all states for Federal crimes. In some cases, the Federal Government can take the acused into custody on the grounds of crossing state lines to avoid prosecution, which itself can be a Federal crime.
