Can a detective file charges against my boyfriend when I didn’t want to do so for a domestic violence case? 20 Answers as of February 27, 2013

Domestic violence, detectives, charges,

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William L. Welch, III Attorney | William L. Welch, III
Yes.
Answer Applies to: Maryland
Replied: 2/27/2013
Law office of Robert D. Scott | Robert Scott
The State's Attorney determines whether or not to file charges in a case.
Answer Applies to: Maryland
Replied: 2/24/2013
Hamblin Law Office | Sally Hamblin
Yes, if called and observed harm to you.
Answer Applies to: Michigan
Replied: 2/24/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
A detective usually sends a report to the prosecuting attorney. The prosecuting attorney then decides whether to file charges and if so what charges. The prosecuting attorney can file charges even if you do not want charges to be filed. You should tell the prosecuting attorney that you do not want charges to be filed and why.
Answer Applies to: New York
Replied: 2/24/2013
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
Yes, it happens all the time, especially in domestic violence cases. I assume you reported an incident to the cops who came out and did a little investigation, meaning that you made a statement to them about what happened. Charges can be filed on that basis alone - whether or not you want them to be filed - if the DA thinks there is enough evidence to proceed. Your cooperation is an important factor, but it is not determinate.
Answer Applies to: California
Replied: 2/21/2013
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If you signed a written statement against your boyfriend, then you gave your permission to bring charges against him. The Detective is just doing his job at that point. That is why it is important to understand what you are signing - before you sign. If you want to withdraw the charges, you'll have to write a letter to the DAs office and appear in Court to say so before they will usually consider doing so and even then, there's no guarantee they'll withdraw them. He needs a good lawyer to set the whole thing up for him - with your assistance.
    Answer Applies to: New York
    Replied: 2/20/2013
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    You do not have to sign a supporting deposition, but if you already did then all you can do is let the prosecutor know you want him to get counseling not jail and ask that the charges be dismissed. The prosecutor decides what will happen, not the victim.
    Answer Applies to: New York
    Replied: 2/20/2013
    Robert Louque | Robert Louque
    Yes, once the police are called and you are using state resources, the State is allowed to press charges without your consent. While it may be difficult to prove the case if you are not cooperating, they can press charges and force you to testify at any trial.
    Answer Applies to: Louisiana
    Replied: 2/19/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes since it is the State not you that brings criminal charges. You are considered just a witness.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    Universal Law Group, Inc. | Francis John Cowhig
    I assume that your called the police and that a report was taken. Under those circumstances, the police report is forwarded to the D.A.'s office and they will file charges based on the report.
    Answer Applies to: California
    Replied: 2/19/2013
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    The state handles all prosecutions. They, and not the victim, decide whether to proceed.
    Answer Applies to: California
    Replied: 2/19/2013
    Gates' Law, PLLC | Thomas E. Gates
    The police may file charges on their own.
    Answer Applies to: Washington
    Replied: 2/19/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Any police officer can forward such information when they believe a crime has been committed to the prosecutor's office. It is up to the prosecutor and the prosecutor alone on whether to file and pursue charges. They can proceed with or without your cooperation or permission, although they often don't like to and sometimes will not proceed without the victim's consent but they don't have to. You can contact the prosecutor and ask for the charges to be dismissed but they are not obligated to follow your request.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    Yes. In criminal prosecutions, the state is the party, the victim is just a witness.
    Answer Applies to: Utah
    Replied: 2/19/2013
    Henry Lebensbaum | Henry Lebensbaum
    You should call an attorney.
    Answer Applies to: Massachusetts
    Replied: 2/19/2013
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Yes - you are not in charge of prosecution of a case - the police department determines if someone is to be charged with a criminal offense.
    Answer Applies to: New Hampshire
    Replied: 2/19/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You should consult an attorney.
    Answer Applies to: Georgia
    Replied: 2/19/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    No, but the DA can. The decision regarding whether or not to press charges belongs to the DA's office. Police don't have the authority to decide what charges your boyfriend will face and neither do you. If the DA believes that they can prove the case against your boyfriend, then they will prosecute him with or without your cooperation.
    Answer Applies to: California
    Replied: 2/19/2013
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Yes, the State can decide to prosecute domestic violence with or without your cooperation.
    Answer Applies to: Alabama
    Replied: 2/19/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course. What you want is irrelevant. The state cares only about stats. The moment you called the cops you began an irreversible process. Your boyfriend needs a lawyer.
    Answer Applies to: California
    Replied: 2/19/2013
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