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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27130
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was accused of domestic assualt - Case was just finalized

Customer Question

Hi, I was accused of domestic assualt - Case was just finalized and noll prssed by prosecutor,however, the prosecutor said that they would be filing new charges against the complainant for false police report. They did not arrest her or file the charges at the hearing and the prosecutor looked at her after court and said,"you're free to go". Is it likely that they will proceed with charges against her?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
In general, in my experience prosecutors do not like turning on their complainants because it gives the prosecutor a bad reputation. They don't want to discourage legitimate complainants from coming forward by making them worry that something they say on the stand could end up getting them arrested later.
That said, they don't like it when their time is wasted by someone who is deliberately trying to abuse the system and defraud the court. If this prosecutor put on the record the fact that they would be filing new charges, then I would expect him to do that. If he said something less definite, on the other hand, for example, that he will PROBABLY be filing new charges, then it's an even bet as to whether he will or not.

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