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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26987
Experience:  Began practicing law in 1992
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2 questions both related in answers. Im asking this because

Resolved Question:

2 questions both related in answers. I'm asking this because I am Watching 20/20
1. If a person gets beat up bad by his wife put in a coma and then coming out of it but survives with little damage, 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?
2. Similar--If a person gets sexually harassed and that person that harrassed the vitim is arrested and charges are originally drawn by victim , Is it up to her to press or drop the charges or does the state take over and it's no longer up to the victim?
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Dwayne B. :

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.

Dwayne B. :

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.

Customer:

Hello

Dwayne B. :

Hi

Customer:

Ok

Customer:

I really don't know if that answer is accurate

Dwayne B. :

It's absolutely accurate.

Customer:

Lets say that in the first instance the man says after pressing charges that he wants to drop the charges

Customer:

and the prosecution says no

Dwayne B. :

I have over 20 years of experience and have been involved in criminal cases across the US.

Customer:

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

Dwayne B. :

Sure. The witness can then lie or change their story.

Customer:

So the decision is really in control by the victim anyway

Dwayne B. :

However, they would be subject to perjury or filing a false report in the first place.

Customer:

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

Dwayne B. :

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.

Customer:

It don't have to be purgery it could be sudden loss of memory

Customer:

If a prosecutor does not have that only witness then they have no case so I don't get that

Dwayne B. :

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.

Dwayne B. :

The prosecution would have the police officer's who took the statement from the victim that would testify as to what the victim said.

Dwayne B. :

There is always some kind of additional evidence.

Customer:

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

Dwayne B. :

Sure they do. But that doesn't mean the prosecutor drops the case.

Dwayne B. :

And you're asking different questions now than the original one.

Customer:

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

Customer:

No same question

Dwayne B. :

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"

Customer:

just trying to make sence out of the case being in control of the prosecuttor

Customer:

The real control is in the witnesses hands in most cases

Dwayne B. :

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.

Customer:

No?

Customer:

OK

Dwayne B. :

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".

Dwayne B. :

That happens all the time in domestic violence cases.

Customer:

So why do I recall cases where the victim says I want to drop the charges This never hap[pens?

Dwayne B. :

The prosecutor can choose not to pursue it if the victim doesn't want it pursued, they just don't have to.

Dwayne B. :

That happens as well.

Customer:

Ok Like in that movie which can be only a movie

Dwayne B. :

Which movie?

Customer:

I love you to death

Customer:

with Tracie ulman and Kevin Klein He dropped the charges remember thats all just a funny movie ?

Customer:

\

Dwayne B. :

I haven't seen that one, I'll have to look for it.

Dwayne B. :

The victim being able to require the prosecutor to drop the charges is an urban myth.

Dwayne B. :

There is no state where that is true.

Dwayne B. :

As I said, where this come up a lot is in domestic violence cases.

Customer:

5 pople accused of Murder but he says to wife at the end No I don't pressa charges

Dwayne B. :

It is extremely common for a wife to file charges and then want to change their mind.

Dwayne B. :

Correct, there are cases every day filed and pursued where the victim doesn't want it pursued.

Customer:

Oh well when you see that movie it was esterical I would appreciate a response of what you think?

Customer:

Its a good one I will tip you to rent it LOL

Dwayne B. :

I will certainly look for it.

Customer:

Thanks

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26987
Experience: Began practicing law in 1992
Dwayne B. and 9 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 11 months ago.
Thanks! I'll let you know what I think of the movie when I see it.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26987
Experience: Began practicing law in 1992
Dwayne B. and 9 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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