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
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.
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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.
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