Willmar, MN asked in Domestic Violence for Minnesota

Q: If a victim of domestic assault wants to dorp charges does the state have the right to press charges?

The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim

Related Topics:
2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: Yes, the state will likely charge the abuser. Every day in every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the victim's new story. Since I don't know the facts of your case, I will not risk sending a criminal free and a victim back to her abuser by offering advice. Recanting a statement to police may result in criminal charges. You were either lying then or later. You may consider hiring an attorney, or contacting the victims’ impact panel or alike or abuse victims support group.

1 user found this answer helpful

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Domestic Violence Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: In Minnesota individuals do not press charges. The decision of whether to move forward with charging is made by a prosecutor. The wishes of the alleged victim are considered, but not dispositive. Ultimately the prosecutor, Ken, and will move forward with charging even if the alleged victim wants the charges dismissed.

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.