Q: is it lawful for prosecutor to dismiss assault charges without communicating with the victim? maryland law
I filed through a statement of complaint an assault charge Against my spouse whom admitted in writing that they assaulted me. The state prosecutor dismissed the assault charge without a hearing, without talking to me. I do know that the prosecutor communicated with my spouse and stated to my spouse that they were dismissing the assault charge. I do not believe this is legal
I felt a total of two assault charges through a statement of complaint against my spouse both were dismissed before hearing without communicating with me and have since then expunged from case search. I do not believe this is legal
A: A prosecutor has complete discretion to decide whether to prosecute a case. They do not need the victim's permission or consent.
A: Criminal matters are prosecuted on behalf of the People of the State of Maryland by the office of the State's Attorney. The victim's wishes are one consideration among many that the assigned prosecutor will consider, but are not determinative.
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