Because the state stands in for the individual citizen in cases of criminal acts. The theory is - a crime against one citizen of the state is a crime against ALL citizens of the state. The state legislature passes the laws and statutes, and thus, the state prosecutes.
Criminal case
Unless you are referring to a violation of a local ORDNANCE, Municipal courts customarily do NOT have jurisdiction to hear criminal cases. To initiate a criminal case in a a STATE court of original jurisdiction you would have to first either file a report with the police for a criminal offense, or speak with the State Prosecutors office to initiate a 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.
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.
It sounds like the defendant is being detained, or will be detained, at the request of the state pending (presumably) charges by the state prosecutor.
It can be both, criminal charges can apply under the FCC regulations and any state statutes and the "hacker" can also be sued for damages in civil court.
Question. Can there be an open disposition when there were no criminal charges filed? There was an arrest and a night in jail, then a release with no criminal charges being brought.
"The State" functions as the prosecutor in a criminal case.
The time limit for prosecutors to file charges in a criminal case is determined by the statute of limitations, which varies depending on the type of crime committed.
No. Only the state can file and prosecute criminal charges. You can report the crime to the authorities at any time. If you have gone so far as to begin litigating civilly, it is doubtful that the crime has not been reported yet. Actually, this answer is not fully correct, at least for the state of Michigan, the Michigan Constitution Article 6, section 24, clearly says; "any suitor in any court of this state shall have the right to prosecute or defend his suit, either in his own proper person, or by an attorney or agent of his choice." That being said, it is extremely rare that this is ever done, and usually the prosecutors office takes the case if they feel it has merit. Also, it's usually done the other way around, for example, in the O.J. Simmons case, the family of the victim filed civilly and won after O.J. was aquitted on the criminal charges.
In a criminal case, charges can be pressed by the government, typically through a prosecutor or district attorney. Additionally, a victim of the crime or a witness may also have the ability to press charges in some cases.
Yes, both the state and the victim can be involved in pressing charges for burglary. The state, represented by the prosecutor, typically initiates criminal charges against the accused based on evidence and law enforcement reports. Meanwhile, the victim can provide information and support the prosecution's case, but ultimately, it is up to the state to decide whether to pursue charges. Victims may also seek restitution or civil remedies separately from the criminal proceedings.