If domestic violence is occurring in your rental unit, make sure you know how to handle the situation. It is very common for clients, or the family of a client, to believe that a criminal charge-usually assault, domestic violence, violation of a protection order, or the like-will be dismissed because "the victim wants to drop the charges." You don’t want to press charges but police charge your partner anyway. It only lies with the prosecutor. - Answered by a verified Solicitor. Some cases, especially domestic violence cases, often do not begin with a victim filing a complaint. How to Negotiate With the IRS and Get Out of Debt, 10 Online Courses To Get Started With App Development, Statement and reactions of the people around the crime scene that will serve as witnesses, Physical traces of the incident at the crime scene, Lastly, and if possible, the statements of the accuser of the crime. This is one reason why it is so important to invoke your right to remain silent when dealing with police. It’s also assumed that the defendant will escalate his or her behavior in the future if not prosecuted. This is not accurate. He or she will first apply to an Attorney. How Would You Describe Your Sense Of Humor. The argument is invalid if there is no solid proof of the fact, but in cases such as domestic violence or assault murder or rape, the police can lay charges whether the victim wants it or not. The answer is no. A member of the Domestic Violence Unit staff will meet you in the courtroom. Hi No, the CPS would not necessarily drop the charges even if the victim doesn't want to press charges. The State Attorney’s Victim Assistance/Domestic Violence Program was established to provide comprehensive services to victims of crime. If the State delays too long, it's worth noting that the criminal statute of limitations period may pass without the State having commenced prosecution. However, the police must make sure all necessary information and pieces of evidence are available, as this will serve as the basis of the arrest warrant. The victim does not decide whether to go ahead and charge someone with a crime. The documentation of a case should be exact and precise. The accused will have information before the police take him to custody. The civil-wrong is also a private-wrong. Being assaulted, sexually abused, threatened or harassed by someone you know or live with is just as much a crime as violence from a stranger, and is often more dangerous. Evidence such as photographs of the alleged victim’s injury, or of destroyed or damaged property can be very powerful evidence for the prosecution in a domestic violence case. Can police press charges if victim doesn’t? Regards. It’s a problem that became the focus of law enforcement years ago and has led to the proliferation of special “domestic violence courts” across the country, including in Arizona. It is not, however, impossible, and if the prosecutor wishes to proceed despite having an uncooperative victim it can, and does, happen. When Domestic Violence Victims Refuse to Testify. It is not in the hands of the complainant. According to the Crime Survival Resource Centre of Southern California, a victim of any crime should first establish safety for himself or herself by asking for help after finding a safe place. Again, this is a legitimate means of starting a criminal prosecution. Some domestic violence crimes are felonies, but some are not. What Is Considered Proof of Income and When Do You Need It? Therefore, in California, if the police arrive, and find an injured victim, and at some point someone, anyone, states that the suspect caused the injuries, the suspect will be arrested. Only prosecutors do. NOTE: 1. The victim of a crime cannot press or drop charges. Quite frequently the alleged victim does not want charges in the first place. The victim cannot determine what later happens with the case any longer. In most cases, they elect to abandoned the case. The process for doing so, however, is very involved. Consequently, it is not the “victim” that “drops the charges.” Prosecutors file charges. The case can only get to court if the offender has criminal charges. A spat of recent high-profile domestic violence cases involving athletes and celebrities has resulted in even more attention being paid to this problem. Danny cannot stop the Attorney from prosecuting Jay, and the Attorney may ask Jay to pay a $50 fine to the government for running through a red traffic light. It is always a good idea to call a domestic violence program and speak to an advocate who can help you decide what to … The District Attorney can file criminal domestic violence charges even if the victim does not want to press charges. There is a common misunderstanding in domestic violence charges that the victim can drop the charges. The information provided herein does not constitute legal advice, but is for general information purposes only. An experienced criminal defense lawyer in Miami will be able to handle this on your behalf and knows how to proceed when the victim doesn’t want to. For this crime, Jay cannot pay Danny not to press charges as it may be illegal. Pressing charges is not Danny’s decision to make; it is only a Prosecuting Attorney that has the right to pursue the criminal action. The Freeman Online is an online magazine that provides tips and tricks on different categories like Business, Technology, Finance, Lifestyle, Health, Travel etc. They can choose not cooperate with the police, but it's up to the police and DA if charges are pressed, and the victim cannot stop or override that process, domestic violence or otherwise. Can the police press charges of assault in domestic violence cases if the victim does not give a name? 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