Q: If charged with a Domesic Violence charge Prev Conv IAT, does the victim have to press charges for it to go to trail
Or will the State of Texas pick up the case and convict?
A: A prosecutor can still pursue a criminal case even if a victim doesn’t wish to pursue the matter.
Kiele Linroth Pace agrees with this answer
A: The alleged victim may give his or her opinion to the prosecutor, but the prosecutor is only required to "consider" the opinion. The ultimate decision on whether or not seek a conviction at trial will be made by the prosecutor alone. Not even the judge can dismiss the case over the prosecutors objections except in unusual situations like lack of jurisdiction or severe prosecutorial misconduct.
That said, just because a prosecutor seeks a conviction certainly does not mean they will be successful. They still need to prove every element of the offense beyond a reasonable doubt. Depending on the evidence, a skilled defense team may be able to find and expose that reasonable doubt.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.