Asked in Criminal Law for Georgia

Q: how long can a person be held in Georgia when the accuser doesn't want to press charges any more.there is no evidence.

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1 Lawyer Answer
David S West
David S West
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: The answer to your question is difficult because the first thing I would need to know is what the person is accused of. If the ONLY evidence against the person is based on something only the accuser would know then it is possible the case could be thrown out if the accuser contacts the prosecutors in that county and states the police got the facts wrong. However, if ANY other evidence exists to support the charges such as visible injuries on the accuser, other witnesses including children, or physical evidence that makes the accusers denial of harm unbelievable, then the prosecution does not have to dismiss any case they believe they can still prove. Again, if I had more information, I could give you a more complete answer. Feel free to contact me to learn more.

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