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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13665
Experience:  Experienced in multiple areas of the law.
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I live in the State of GA. I was currently involved in a

Customer Question

Good morning. I live in the State of GA. I was currently involved in a domestic dispute as the victim. I filed a police report, but refused to press charges. The police decided to put out warrants for the other individual, who happens to be on probation. He is facing a lot of time. Is there anything I can do to stop this from happening?? Can I get in trouble for changing my statement?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Customer: replied 9 months ago.
Ok thank you.
Expert:  RobertJDFL replied 9 months ago.

Thank you for your patience.

Under the law, a victim has no authority to drop the charges. Most people believe that victims of crime issue the charges. This is wrong. Crimes are governed by the State, and it's the State that issues criminal charges, not the victim.

In other words, since you didn't issue the charge, you cannot drop the charge. Therefore it's the State (and in particular, the Prosecutor's Office) who will decide whether to move forward with the case or drop the charges.

As far as charging goes, you have no power over the District/State Attorney's (prosecutor's) office. At best, ***** ***** talk to someone in that office about what your desires are, and they may influence how hard they want to press this. However, prosecutors are used to this, and most chalk it up to fear on the part of the victim, especially if the case seems strong. For that reason, don't expect the prosecutors to just do what you want them to do. Their decision is most likely to be based on the strength of the overall case and the evidence.

It's generally not a good idea to recant unless you have actually lied to authorities. Recanting won't necessarily force the State to drop the case, since the state can still prosecute the case using police reports, photographs, and other evidence. Also, if you recant, you could face criminal charges for falsifying information to law enforcement authorities and the court.

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