Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for using Just Answer. I look forward to assisting you.Unfortunately, the decision whether to prosecute is never up to an individual. Rather, it is up to the state, through the prosecutor's office, to make the determination whether to file charges or not. All you can do is make your wishes known to the prosecutor. No attorney can guarantee you that they will drop charges or tell you what the outcome would be. In my experience, where a "victim" is uncooperative and there is no other evidence, yes, a prosecutor is more likely to dismiss the charges. The concern any prosecutor has of course is releasing someone who then potentially hurts the victim again. I know you are saying that is not going to happen in this situation - I'm just showing you what they must take into consideration.
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