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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Any time charges are filed it is ALWAYS up to the prosecution whether to continue with the case or not. The victims can certainly have input but the choice is always the prosecutor's and they can continue whether the victim wants to or not.
I really don't know if that answer is accurate
It's absolutely accurate.
Lets say that in the first instance the man says after pressing charges that he wants to drop the charges
and the prosecution says no
I have over 20 years of experience and have been involved in criminal cases across the US.
can't that witness or victim now ruin their case by not being their best witness by sauying I don't quite remember anymore or I thought that this was the person and ruin their case
Sure. The witness can then lie or change their story.
So the decision is really in control by the victim anyway
However, they would be subject to perjury or filing a false report in the first place.
So how can (if the victim who is still alive ) not be in control of the charges if they are the one that the damage was done too
No, the victim can change their story but the decision on whether or not to pursue the case is still the prosecutions. The victim can never force them to drop the case.
It don't have to be purgery it could be sudden loss of memory
If a prosecutor does not have that only witness then they have no case so I don't get that
It could be, but if they change their story the prosecution can charge them with perjury or filing a false report and then it is a matter of who the jury would believe.
The prosecution would have the police officer's who took the statement from the victim that would testify as to what the victim said.
There is always some kind of additional evidence.
Once again The person got hit in the head he has every right to somewhere down the line get a sudden case of not being sure anymore
Sure they do. But that doesn't mean the prosecutor drops the case.
And you're asking different questions now than the original one.
Of course there may be more evidance but if if the victim turn around and says I seem to be egtting this memory all of a sudden of a man with a tan and blonde hair when the accused has black haie and is fair skinned
No same question
Your questions were " Is it up to him to press or drop the charges or does the state take over and it's no longer up to the victim"
just trying to make sence out of the case being in control of the prosecuttor
The real control is in the witnesses hands in most cases
No, you're now asking if the victim can change their story and screw up the prosecutions case. The answer to that is yes. But the question, is it up to the victim as to whether or not to pursue the case, the answer is no.
No. The victim can walk into the prosecutor's office and demand that they drop the case and the prosecutor can say "No". The victim can say "I'll change my story" and the prosecutor can still say "I don't care, I'm not dropping the charges".
That happens all the time in domestic violence cases.
So why do I recall cases where the victim says I want to drop the charges This never hap[pens?
The prosecutor can choose not to pursue it if the victim doesn't want it pursued, they just don't have to.
That happens as well.
Ok Like in that movie which can be only a movie
I love you to death
with Tracie ulman and Kevin Klein He dropped the charges remember thats all just a funny movie ?
I haven't seen that one, I'll have to look for it.
The victim being able to require the prosecutor to drop the charges is an urban myth.
There is no state where that is true.
As I said, where this come up a lot is in domestic violence cases.
5 pople accused of Murder but he says to wife at the end No I don't pressa charges
It is extremely common for a wife to file charges and then want to change their mind.
Correct, there are cases every day filed and pursued where the victim doesn't want it pursued.
Oh well when you see that movie it was esterical I would appreciate a response of what you think?
Its a good one I will tip you to rent it LOL
I will certainly look for it.