In the matter of a criminal charge, who has to drop charges? Is it the district attorney or the alleged victim? In othere words, even if the alleged victim wants to drop the charges, is the decision made solely by the D.A. and his belief that a crime was probably committed?
State/Country relating to question: Wisconsin
Tried same type sites as this one, no answer yet. Question is: In the matter of a criminal charge, who has to drop charges? Is it the district attorney or the alleged victim? In othere words, even if the alleged victim wants to drop the charges, is the decision made solely by the D.A. and his belief that a crime was probably committed?
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It is the district attorney
The decision is made solely by the D.A.
Though, if the victim no longer wants to press charges it may make the D.A.'s job harder and may be part of his decision
That answers the question for the most part but it leads me to another related one.
Please feel free to ask
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I am sorry the second half of that did not mean to show up
I own a business and in discovering evidence that is pertinent to the case on a business partners computer, although through their peresonal communication with another person outside the business, I need to know if emails are intellectual property since we co-own the computeers.
Are you still there?
Emails on a business server are not considered to be private conversations. However the content of those
sorry yes I am I am typing
It should show up as I am typing in the bottom of the screen. Though as I have never been on that end of it I cannot tell you for sure
I was going to say that the content of those emails could be intellectual property. So, yes you can probably read them, but whether you can use them as your own is a separate conversation
The first question and the second are part of the same one. I should have asked it all together.
Ah okay, then in that case you are probably fine to use those emails. Though the guilty party will likely try to object to them.
They will state that they have a right to privacy in the emails and it will be up to a judge to determine whether or not they do
On a private computer they usually do. On a work or public computer they do not
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That sounds like good news.... I think? The computeer contains several e-mails directly pertaining to the case. The computer is owned by both of us as co owners of the company. This computer is used by the other person but can be accessed by my computer which is the serever.
Yes I will be glad to rate your answer for you and pay for your time. I am almost satisfied with the answer just want to be sure it is complete.
Not a problem. Please take your time
The fact that it can be accessed by your computer suggests that he has given up the right to privacy in this matter.
Did he use his company email account or his personal one?
If company, I can almost assure you that a judge will find the emails admissable
I am trying to copy/paste your answer if that is acceptable. I can only see one line at a time and I skipped a couple.
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The account was a compny account with a company e-mail address.
Also if you have no further questions I can switch the format to Q&A which may make it easier
Yes, please do, it is taking time for me as the reading pane is very narrow and I have to scroll to find your answer.
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Is this format better?
You hav e answered my question pretty thorough although I believe there is some gray area to this type of issue since it is a relatively new subject of legal matter.
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I am following up on a question I asked you this morning regarding company e-mails on my company owned computere and server using a company email account. You were very helpful on that and the followup is regarding whether that includes personal pictures that are also directly related to the case.
Employers can monitor employee internet activity, including e-mails, browsing histories and downloaded files. If you had something in the company policy which stated that people had "no expectation of privacy" then you can use it. If it was downloaded at any point to electronic equipment necessary to create and store information on their own servers you can use it. Unless they have created an expectation of privacy in that picture chances are you can use it. To be safe, you can always ask the D.A. to see if you can use it as they will give you a definitive answer.
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