Kissimmee, FL asked in Criminal Law for Tennessee

Q: If I the victim drop the criminal charges what will happen charges are aggravated assault and resisting arrest the

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1 Lawyer Answer

Norman D. McKellar

Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Criminal charges are brought by the State of Tennessee and not by the victim. Accordingly, charges will say "State of Tennessee v. John Doe." If the victim decides that he/she doesn't want to pursue charges, the State can still move forward with criminal action. In reality though, the assistance and cooperation of the alleged victim can often be essential to the State's case, and prosecutors may be reluctant to move forward without the victim's willing cooperation. Ultimately, the decision to pursue the case against a defendant will be up to the local District Attorney's office.

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