Q: I reported a gun stolen yesterday and it has been stolen by my 16 yr old son. Do I have to press charges against him?
The gun has not been recovered as of yet but all info regarding the gun has been reported to lake county sheriff's department as lost/stolen. Trying to see what my liabilities are if I chose not to press charges against him. Or if I will be forced to do so.
A: No, you probably don't have to press charges. But it might be a good idea to, when it's recovered, tell them it's no longer missing.
Depends what you mean by 'press charges'. The State will prosecute if they see fit, whether or not the victim wants the defendant prosecuted. For example, person A may punch person B in the face, and person B calls the police. Person B later decides he does not want the State to prosecute. The State may 'drop' the case, or they may choose to prosecute. Person A is just a witness in the State's case.
In your situation, once you call the police, it is up to the whether or not to prosecute. You may tell them you want to drop the case, yet they may prosecute anyway. Or, you may tell them you want to prosecute, and they may not, depending on a variety of circumstances.
Every case is different, no matter how similar they look. Each has its own unique set of facts and circumstances.
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