Q: If the "victim" in a domestic violence case doesnt wish for the def. to be charged can the charges be dismissed?
My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were only called for the purpose of there being a record of the damaged property, not to press charges. The court date is tomorrow morning but she does NOT wish for him to be charged. Can she simply not appear at the court date and they will dismiss the charges? One other detail of note is that when questioned by police he stated that he purposefully damaged said property; can the court use that against him or interpret that as a confession of sorts? Just want this to end with everyone smelling like roses.
A: The victim in a criminal case has the right to ask that the case be dismissed. However, the prosecutor is only required to listen to the victim's input, they are not required to do as the victim asks.
A: This is out of her hands. The police do not respond in order to document damages to property. They respond in order to investigate a crime and to prevent further criminal activity. There are no roses to smell here.
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.
