Can the state/police still press charges even if there was no arrest and the other person isn't pressing charges? 28 Answers as of May 28, 2013

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Steven Alpers | Steven Alpers
Possibly. You did not provide any facts from which to make this determination.
Answer Applies to: California
Replied: 9/17/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
They can ALWAYS press charges if they have some "evidence" of a crime. They STILL have to PROVE their case.
Answer Applies to: Michigan
Replied: 9/17/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Depends on the facts but the answer is maybe. It is the State that presses the charges not the other person.
Answer Applies to: Michigan
Replied: 9/17/2012
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Yes, that is their job.
Answer Applies to: Colorado
Replied: 5/28/2013
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
Yes.
Answer Applies to: Nevada
Replied: 5/28/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You are not supplying enough information. Whether there was an arrest or not does not control. You can be summonsed into the court to be charged. Regarding the "other person", it is not up to civilians to "press charges". People call the police when they feel in danger or they think a crime is being committed. Once the police come and take statements, it is now up to them to determine if "probably cause" exists that a crime has been committed. If they believe that probable cause exists, they will charge a person with the crime. It is now up to the DA to prosecute or drop the charges. Once the call is made, it is too late to recall the police and control the situation.
    Answer Applies to: Massachusetts
    Replied: 9/17/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If there was no arrest, there are no charges.
    Answer Applies to: Illinois
    Replied: 9/17/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Charges are decided by the prosecutor, not the police.
    Answer Applies to: Kansas
    Replied: 9/17/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes.
    Answer Applies to: Nebraska
    Replied: 5/22/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Police can arrest for a felony if they have sufficient probable cause to issue a warrant.? Police can arrest on misdemeanor charges if the offense occurred in their presence.
    Answer Applies to: Alabama
    Replied: 9/17/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You do not say what the charge is, but it is possible in certain circumstances.
    Answer Applies to: Washington
    Replied: 9/17/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The State's Attoney decides if they can and will proceed with the case.
    Answer Applies to: Illinois
    Replied: 9/17/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    Yes. The state prosecutes, not the complaining witness. Without a cooperative complaining witness, however, the state's burden to prove the case is severely diminished.
    Answer Applies to: Texas
    Replied: 9/17/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    It is the state who is the complaining/filing party. If it wants to proceed and has good faith that the evidence exists, then it can pursue a case.
    Answer Applies to: Pennsylvania
    Replied: 9/17/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    It is not the police that would authorize charges. The police would complete their report and forward it to the prosecuting attorney. It is the prosecuting attorney alone who determines whether criminal charges are filed. While the victim may have some input, the victim cannot control the prosecutor's ultimate decision.
    Answer Applies to: Michigan
    Replied: 9/17/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes.
    Answer Applies to: Florida
    Replied: 5/28/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If the police have enough evidence to press charges, then they can press charges. If the other person is an uncooperative witness, the state can request a material witness warrant from the trial judge and put the uncooperative witness in jail prior to trial, which typically makes people cooperative.
    Answer Applies to: Georgia
    Replied: 9/17/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes. Stae, not individuals, "presses charges".
    Answer Applies to: California
    Replied: 9/17/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of mistake or misunderstanding? about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser. In other cases, it is up to the police and prosecutors to decide whether to pursue or drop charges if the victim wants to drop.
    Answer Applies to: California
    Replied: 9/17/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Yes. The victim doesn't press charges, the prosecutor does. The prosecutor will usually listen to the victim, but the victim is more like a witness than anything else, and not even a necessary witness.
    Answer Applies to: Oregon
    Replied: 9/17/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course they can. Whether the victim presses charges is irrelevant. And no arrest is necessary. A letter in the mail will suffice.
    Answer Applies to: California
    Replied: 9/17/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    If the police can develop probable cause without any civilian witnesses, yes.
    Answer Applies to: New York
    Replied: 9/17/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, the power to charge crimes is with the state and often no arrests are made but the state reviews police reports and decides whether to file charges.
    Answer Applies to: Washington
    Replied: 9/17/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you have committed a crime you can be arrested or given a DAT (Desk Appearance Ticket) or summons to appear in court. The victim or complainant must usually sign a supporting deposition unless the police witnessed the crime or the charge can be dismissed under Section 100 of the Criminal Procedure Law or due to the lack of a supporting deposition with sworn allegations of fact regarding the criminal complaint.
    Answer Applies to: New York
    Replied: 9/18/2012
    Ascheman & Smith | Landon Ascheman
    Yes.
    Answer Applies to: Minnesota
    Replied: 5/28/2013
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Yes they can. If there is probable cause for an arrest warrant and the belief you committed a crime the DA can request and a judge can issue a warrant without initial arrest and without the other party desiring charges against you. It is important not to make any statements to law enforcement and to protect your rights by contacting an attorney.
    Answer Applies to: California
    Replied: 9/17/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Yes, if there is probable to believe a crime has been committed.
    Answer Applies to: New Jersey
    Replied: 9/17/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Absolutely. The state has the authority to file and drop charges. The victim is just a witness and has no authority over charges.
    Answer Applies to: Washington
    Replied: 9/17/2012
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