Can a victim of a simple assault drop charges against accused? 11 Answers as of December 19, 2013

Both witnesses aren't supporting the story told. The only evidence besides witnesses are a few photos of a black eye and some swelling.

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Strowbridge Blaisdel Richardson | Strowbridge Richardson
When a case is turned over to the DA, the DA can pursue the charges without the cooperation of the victim. The crime has been committed against the people of the state, not just the victim
Answer Applies to: California
Replied: 12/19/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all domestic cases the parties reconcile, and prosecutors are well aware of this.
Answer Applies to: California
Replied: 12/19/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
The only person who can drop the charges is the prosecutor.
Answer Applies to: Washington
Replied: 12/19/2013
Ascheman & Smith | Landon Ascheman
A victim cannot drop the charges, that is a decision for the State.
Answer Applies to: Minnesota
Replied: 12/19/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It is up solely to the prosecutor on whether to drop or pursue charges.
Answer Applies to: Michigan
Replied: 12/19/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Only the prosecutors or judge can make this decision. Of course, if the victim does not cooperate, the prosecutor could decide that it is difficult to prove the case.
    Answer Applies to: New York
    Replied: 12/19/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It is the prosecution that can dismiss charges, not the victim. If the victims are not willing to testify, the prosecution will evaluate the evidence as determine if there is evidence to proceed or not.
    Answer Applies to: California
    Replied: 12/19/2013
    Robert B. Cherry PC | Robert B. Cherry, Esq.
    You may not be able to drop the charges if the complaint was signed by a police officer.
    Answer Applies to: New Jersey
    Replied: 12/19/2013
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    The victim can go to the prosecutor and sign an affidavit of non-prosecution. However, the prosecutor may decide to go ahead with the prosecution even without the victim's testimony in court. The testimony of witnesses and photos of the black eye sound like that would be sufficient to get a conviction even without the victim's testimony.
    Answer Applies to: Missouri
    Replied: 12/19/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    It would be up to the state and not the victim if the charges are dropped.
    Answer Applies to: Georgia
    Replied: 12/19/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No, once the charges have been brought they are either continued or dismissed depending upon the decision of the prosecutor.
    Answer Applies to: Michigan
    Replied: 12/19/2013
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