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.
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