Can the police still persue charges if the victim is willing to drop them?
01/28/2009 - Category:Criminal - NonProsecution Agreement - State: TX #15094
If something was taken, reported to the police, assigned to a detective, and the owner later agrees to drop the charges, will the police still press charges?
A prosecutor may pursue a criminal charge even when the victim does not want the charge to be pursued. Technically speaking, only the prosecutor can decide whether or not the charge should be pursued, not the victim. However, if a victim does not want a charge pursued this will often make the case difficult to prosecute and the prosecutor may take that and other factors into account and decide not to pursue the charge, especially if he/she feels as though he/she will not be able to prove his case. When a victim makes contradictory statements this ordinarily makes it very difficult to prosecute the case because the victim can be impeached. Whether the prosecutor will continue to pursue a charge against the victim's wishes often depends on what evidence of the crime, if any, there is other than the victim's testimony.
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01/28/2009 - Category: NonProsecution Agreement - State: TX #15094
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