Q: I commit disaster fraud then accuse veteran owner of domestic protective order steal $17000.00

A: Contrary to what we see on television, crime victims don't really FILE criminal charges. What actually happens is citizens report offensive behavior to law enforcement officers and then they decide whether or not they have probable cause to believe a crime was committed within their jurisdiction.

Depending on the circumstances, an officer may be empowered to proceed directly and arrest the offender, or may they be required to first explain the situation to a judge who decides whether or not to sign a warrant authorizing an arrest.

Next, law enforcement gives their evidence and reports to the prosecution. The prosecutor must decide whether or not to dismiss the case, negotiate a settlement, or seek a conviction at trial. That decision is driven by multiple factors including, but not limited to, the applicability of the law to the facts, the weight and admissibility of the evidence, the quality and availability of witnesses, the feelings of any alleged victim, any explanation, justification, or mitigation the defendant may have for the offensive behavior, and the prosecutor's own sense of justice.

When a criminal defendant claims to have suffered negative behavior at the hands of the alleged victim, the investigating officer may decide that sounds like a lame excuse, especially if the officer is already inclined to believe the alleged victim has more credibility than the defendant. A prosecutor may be in a similar position regarding their decision on whether or not to move forward with cases against one party, the other party, both parties, or neither. Unfortunately, both the cops and prosecutors tend to pick a favorite and decide that one is all good and the other is all bad and that is the way they operate, at least until the case gets close to trial.