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
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
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
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
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
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
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
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