What happens if the wife does not want to press domestic violence charges? 64 Answers as of July 09, 2013

What happens if the state charges a man with a domestic violence charge but the wife does not want to press any charges? Say the wife does not show in court? Does the state drop the charges?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
The wife should not just not show up at court since she could be charged with contempt of court. The wife should talk to the prosecuting attorney to see if they will dismiss the case, The prosecutor can proceed with the case even if the wife wants to drop the charges.
Answer Applies to: New York
Replied: 10/31/2011
Lisa Mulligan Law Offices, LLC
Lisa Mulligan Law Offices, LLC | Lisa Mulligan
The State can choose to charge a person with a domestic violence offense even if the alleged victim doesn't want to see the person prosecuted. Whether or not the charge is dismissed depends on what other evidence the State has, whether or not the State chooses to issues a material witness warrant to assure the alleged victim's presence, and other factors. You should speak to a lawyer about the details of your situation to get a better idea of what might happen in your case.
Answer Applies to: Washington
Replied: 10/12/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends. The state can drop the charge or they can make an offer that sounds too good to pass up. Keep in mind, the offer that is too good to pass up is not good at all. If the State has no witness, they may not have enough evidence to proceed, in which case you should scream to the high heavens for a trial and justice. Acquittal is absolute, dismissal lets the DA come back later.
Answer Applies to: Texas
Replied: 8/30/2011
Law Office of Ernest T. Biando, LLC | Ernest Biando
They may but it all depends on the facts and the ADA.
Answer Applies to: Massachusetts
Replied: 8/30/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
It is a common misconception tata person can press charges or withdraw charges. Only a prosecutor may file charges and only a prosecutor may dismiss them. It is unlikely that a prosecutor would do so in a case of domestic assault even if the victim wishes that to occur. An aggressive criminal defense attorney is necessary.
Answer Applies to: Minnesota
Replied: 8/29/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    Depends on the Prosecutor. If she changes her story, they can charge her with perjury.
    Answer Applies to: Oklahoma
    Replied: 8/29/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    This answer does not contain specific legal advice. If you need specific legal advice, you should consult privately with an attorney. Once charges are filed, the local prosecuting attorney, has right to pursue the case even if a victim wishes to have the charges dropped. In domestic violence cases, it's fairly common that a "victim" may change their mind and want the charges dropped. However, before trial, or without a judge making a ruling based on a substantive motion filed by the defense, whether to drop charges is up to the prosecutor. If a witness, i.e., "victim" or any witness for that matter fails to appear when they have been subpoenaed to appear at trial, the court may order a warrant for their arrest to bring them to the trial. If a “victim," after filing a police report, later refutes the claims they made in that report, they could be charged criminally with filing a false report. If a witness lies under oath regarding original allegations, they could be charged with a felony such as perjury. Simply because a "victim" wishes to have the charges dropped does not mean that ultimately the case will be dropped. However, obviously, it’s harder for the prosecutor to prove their case when they have uncooperative witnesses.
    Answer Applies to: Michigan
    Replied: 8/29/2011
    A.L.A. Law Group, LLP
    A.L.A. Law Group, LLP | Lauren M. Mayfield
    Once the police are involved and the DA decides to press charges it is no longer up to the wife to decide whether or no she wants to press charges, the DA can file charges based on what is in the police report and officer's statements. It does make the DA's case more difficult to prove but it is very common in domestic violence cases for the victim to retract their statement or refuse to testify and the DA carries on with the case anyway.
    Answer Applies to: California
    Replied: 8/26/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    Unfortunately for the Defendant, the answer is NO. Even when the wife does not want to press charges or even recants (no longer supports her story) to the police/DA, California law still requires the prosecution to go forward. Most of the time this is done by offering the wife's original story to the Jury by way of the arresting officer. He is allowed, under current California law, to give hearsay testimony of what the wife originally told him about the incident, and any abuse that had just taken place. However, that is still the key for the Defendant to his winning the case, by showing that the wife's original story is full of holes or inconsistencies, and that she now recants that story because she doesn't want to lie in Court. These cases can be won by effective, experienced criminal defense attorneys!
    Answer Applies to: California
    Replied: 8/26/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The judge and prosecutors make decisions concerning criminal charges. The victim can give them input as to what they want or ask for counselling as opposed to incarceration. Judges and prosecutors will take everything into consideration and decide what to offer as a plea. If the defendant requests a trial the victim must appear and testify at trial. If the victim does not appear the charges could be dismissed. She may be forced to testify if the court issues a material witness order. It is a crime to ask a witness to lie or not appear in court for any type of proceeding.
    Answer Applies to: New York
    Replied: 8/26/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If the wife does not show up, then the charges could be dropped, and the wife could be charged with contempt if she was subpoenaed. You should retain an attorney and discuss how to handle this situation without creating new charges.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Yes. She can also file a reluctant witness affidavit.
    Answer Applies to: Louisiana
    Replied: 8/25/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    There are many variations. The bottom line is if the wife failed to appear for court at a trial the charges will likely be dismissed. If wife were subpoenaed properly she could be charged with a breach of court order for failing to appear. If anyone suggested to her not to appear that person could be charged with witness tampering. These cases are very common and can be complicated. It is a good idea to hire an experienced defense lawyer to assist you.
    Answer Applies to: New Hampshire
    Replied: 8/25/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    It depends on the jurisdiction, but they certainly do not have to.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Do the police have evidence of domestic violence separate from her testimony?
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The decision to charge or continue with a prosecution is entirely within the discretion of the prosecuting attorney. It is the prosecutor's burden of proof at trial. The prosecutor can subpoena the wife to attend trial and may proceed even if the wife does not want to cooperate.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    The State could drop the charges or could continue the case until the Wife is forced into Court. However, the Wife does not have to testify due to spousal privilege.
    Answer Applies to: Alabama
    Replied: 8/25/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The state will nedd her to have the charges go forward, if there were no other witnesses to the event. However they could subpoena her into the court and if she did not go then she could end up in jail for not obeying the subpoena. They usually will take her desires into account when offering a plea deal or for sentencing.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    If there are no other witnesses the case will likely be dismissed after the speedy trial time.
    Answer Applies to: New York
    Replied: 6/11/2013
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    A witness is supposed to comply with a subpoena - i.e. come to court. Then again, a judge is prohibited from holding a domestic violence victim in contempt.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    This is a common scenario. It is not the wife who brings the charges, it is the state (the DA.) If the wife does not want to go forward, this is of course a factor to the DA but not necessarily reason to dismiss or not file the case. The first thing you need to do is let the DA know where you stand. If they know they have a reluctant witness this is sometimes enough for them to drop an otherwise weak case. However, if they feel the case is strong without you, or that you are retracting your testimony because you are a battered woman, they may proceed without you and even threaten you with legal consequences if you fail to testify. This is generally a hollow threat but scary nonetheless. Good luck.
    Answer Applies to: California
    Replied: 8/25/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    The state may dismiss but they may pursue the charges and subpoena her to testify.
    Answer Applies to: Minnesota
    Replied: 7/9/2013
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    If the case is set for trial and the only evidence against you is to come from your wife, then the case might be dismissed upon her failure to appear and testify. But, the state can and probably will subpoena her, and it is also likely that there is other evidence. If you do not already have an attorney, you should hire one. The attorney might be able to negotiate some sort of deal that will avoid you even risking a conviction.
    Answer Applies to: Missouri
    Replied: 8/25/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    The state controls the case and is fully prepared to deal with a situation as you describe where the alleged victim recants. They do not have to dismiss if the wife does not wish to "press charges".
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    The Commonwealth can still press the charges, however they need an independant basis to go forward. If there are no witnesses, then it is hard for the Commonwealth to proceed.
    Answer Applies to: Pennsylvania
    Replied: 8/25/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    A wife may not decide not to press charges, however she can refused to testify which would remove her as a witness, and if there were no other witnesses the prosecution would not be able to convict.
    Answer Applies to: California
    Replied: 8/25/2011
    The English Law Firm
    The English Law Firm | Robert English
    It is complicated. Once the crime is reported, she cannot simply drop the charges because there is a state interest in upholding the law. If she is subpoenaed as a witness and fails to show, they can issue a warrant to bring her to court. In some cases, the case will be dropped when the witness recants or is reluctant.
    Answer Applies to: California
    Replied: 8/25/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The simple answer is nothing. The State of Washington in the person of the prosecutor is the only entity who can charge people and drop charges. If your wife lied to the cops, it is important for her to contact the officer who took her statement and correct her lie. However, you have probably been ordered not to have contact with your wife so your best move is to inform your attorney and have him or her talk to your wife.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If your wife receives a subpoena she must appear for court. A subpoena is not an invitation it is an order to appear in court. She can be held in contempt and jailed if she does not appear. Your wife has a right to not testify against her husband and cannot be compelled to do so. She will need to stand on her spousal rights.
    Answer Applies to: Alabama
    Replied: 8/25/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Remember, the State is the plaintiff in a criminal case, your wife is merely a complaining witness, and if the state wants to prosecute you, they have every right to do so. However, in large cities like in the metro Chicago area, because of the very heavy court calls, the state frequently throws out the charges if the complainant doesn't appear for trial. If the state wants to push the case against you, your wife's failure could result in the issuance of a bench warrant for her arrest, not a probability, but a possibility.
    Answer Applies to: Illinois
    Replied: 8/25/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Often the case gets dismissed for lack of evidence.
    Answer Applies to: New York
    Replied: 8/25/2011
    Mark C. Cogan Law Offices | Mark Cogan
    The victim does not always need to be present for the State to take a case to trial. Sometimes there is independent evidence. Moreover, the State has the power to force a victim to attend trial.
    Answer Applies to: Oregon
    Replied: 8/25/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    The state may drop the charges if she doesnt show up in court, but they are not required to. With any case, the state has to prove the charges. They will do whatever they can to bring as much proof to court. They could call other witnesses, present photos, statements, etc. If she fails to show up to court, they can have her arrested for disobeying a subpoena. If she shows up but changes her testimony, they can use her original police statements against her. That being said, a reluctant victim makes the prosecutors job harder, which is not necessarily a bad thing. Sometimes if things get too hard, theyll offer a better deal, or if they think their case is hopeless theyll dismiss.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    They don't drop the charges too much anymore, thanks of OJ Simpson. The DA uses the wife's first statement to the cops based on an exception to the hearsay rule. They will also threaten to jail her if she does not come in and say what she originally said. The charge against her would be filing a false police report.
    Answer Applies to: California
    Replied: 8/25/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    If the wife does not show up and has not been subpoenaed, then the state usually has to dismiss. Frequently, the state will go forward with charges even though the wife does not want to.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It is up to the prosecutor, not the alleged victim, whether charges get dropped or pursued. The state can subpoena the victim and force her to appear in court - or to be arrested herself for not showing up. The victim can hire her own lawyer to help her do what she wants and to protect her.
    Answer Applies to: Colorado
    Replied: 8/25/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    The state could dismiss the charges.
    Answer Applies to: Michigan
    Replied: 8/25/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    No. The DA can successfully prosecution without the victim if she gave a statement or they have access to the 911 tape, if any. Once someone calls the police, it is out of their hands whether or not criminal charges are pressed. The DA sees these crimes as a crime against society and prosecutes even though that is not what the victim wishes.
    Answer Applies to: California
    Replied: 8/25/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    She will be subpoenaed by the DA as an unwilling witness, and compelled to testify under oath as to what happened. It is the strong policy of DAs to vigorously prosecute DV cases, even over the objection of the victim, since the DAs know most emotional and tearfully recanting witnesses are under threat and duress to do so. Your attorney MAY be able to put together a defense and evidence package that includes convincing evidence that she should be believed by the DA, but no one can guarantee the outcome you want. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to work with her if she is truly voluntarily trying to drop the charges for good reason.
    Answer Applies to: California
    Replied: 8/25/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    The state can file charges whether or not the alleged abused spouse testifies or not. The issue is whether there is a strong enough case or not.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Prosecutors couldn't care less if the victim wants to press charges or not. 90% of DV cases the victim is relunctant to proceed, so this is practically a "given" in all DV cases. As to your question of what would happen if the victim doesn't show up, a warrant may be issued, but if they fail to locate the victim, the charges would likely be dropped entirely.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Once someone files a police report or calls the police, it is essentially out of their hands. They can refuse to cooperate with the police/prosecutor, but they have to be careful that they don't run into trouble of their own. Disobeying a subpoena is chargeable as contempt. Admitting on the stand that she lied to the police and you didn't do those things is filing a false report. The state does not necessarily drop the charges. Although, in my experience if you handle it properly they will dismiss. I advise that your spouse obtain legal representaton for herself. Call me, I can help with this.
    Answer Applies to: California
    Replied: 8/25/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Normally the wife is the only witness. Without her testimony it would be difficult for the State to prevail. There are exceptions, confessions, excited utterance, other witness may help the State prevail.
    Answer Applies to: Florida
    Replied: 8/25/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The wife is not pressing the charges; the State is. She or someone else called the police and the police investigated, including taking statements for witnesses and her. If she does not want the case pursued, she can contact the prosecutor (or the prosecutor will be contacting her) and advise the prosecutor how she feels but this does NOT mean that the case will be dismissed. In fact, they are rarely dismissed. If the case is set for trial, the wife will be subpoenaed. If she does not show up, the State will send someone out to pick her up if they can find her. If they cannot find her, they can proceed to trial without her using her outcry statements if they are admissible and available.
    Answer Applies to: Texas
    Replied: 8/25/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    I would need to know if there are other witnesses to the incident. If not, it is difficult to prove an assault with the complaining witness present in court.
    Answer Applies to: Washington
    Replied: 8/25/2011
    Michael J. Gardiner, Attorney at Law | Michael Gardiner
    If a wife refuses to testify the prosecution must proceed on on other witnesses and evidence. Homicide victims regularly fail to to testify, yet, their killers are convicted. The victim's reluctance can affect prosecutorial will and the disposition, but a case may go forward without the victim's cooperation.
    Answer Applies to: Rhode Island
    Replied: 8/25/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The state makes the determination as to whether or not charges proceed, regardless of the victim's desires. However if they do not want the charges to go forward or do not appear in court, while the state can still proceed, it makes their case very hard to prove.
    Answer Applies to: Minnesota
    Replied: 8/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The state can an usually does proceed with a DV prosecution even if the victim does not wish to do so. The victim is not the person who decides whether a case is filed, they are only the witness for the state in the case. Usually, the state will not drop a case just because the victim does not want to prosecute.
    Answer Applies to: Kansas
    Replied: 8/25/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It depends on whether the state has any additional witnesses. If they do not and she refuses to testify then they will have no evidence. However, she needs to be careful since there are things that the DA can do to force the issue and possible have her forced to testify or picked up on a bench warrant (to make her come to court). You really should have any attorney represent you.
    Answer Applies to: Massachusetts
    Replied: 8/25/2011
    Thomas Humphrey, Attorney at Law
    Thomas Humphrey, Attorney at Law | Thomas Humphrey
    The State will likely attempt to prove beyond a reasonable doubt that the defendant was guilty of the charge, using evidence other than the victim's testimony at trial. Such evidence could be statements made to the police by either the defendant or the victim, physical evidence, or other witnesses who may be able to testify as to what happens. Police and prosecutors have been trained to prepare their case with the possibility that the victim may wish to not testify.
    Answer Applies to: Idaho
    Replied: 8/25/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    It i not the "victim" of a crime that does or does not "press" charges. It is the state represented, generally, by the district attorney of the county where the crime is alleged to occur.
    Answer Applies to: California
    Replied: 8/25/2011
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    Not necessarily. If your wife fails to appear at trial after being subpoenaed, the state could seek a material witness warrant and have her taken into custody and brought to trial. She could also potentially face charges for ignoring the subpoena, which is a court order to appear. Once a case is referred to the district attorney and charges are filed, the decision whether to pursue the case rests entirely with the district attorney, not your wife. The notion that the alleged victim "doesn't want to press charges" automatically results in dismissal is a myth perpetuated by TV and movies.
    Answer Applies to: Alaska
    Replied: 8/24/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If the victim of domestic violence does not want to press charges and will not show up in court the state may continue the prosecution if they have convincing evidence against the defendant without the victims testimony. Therefore, it depends on the facts. If it is only a he said she said case then they will drop it. If they have independent witness to the incident and have photos of the injuries or medical reports then it will go forward. Its the facts. Contact me on the phone where we can discuss all the facts and I can give you the answer for this incident.
    Answer Applies to: California
    Replied: 8/24/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is always up to the prosecutor to decide to pursue or drop charges. The complaining witness can give their input and the prosecutor will take that into consideration, but the ultimate decision lies with the state. If the wife does not show up, she could be charged with contempt of court. If she persistently refuses to show up decide contempt charges or threats of contempt, the charges may ultimately be dismissed unless there is some other way that the state can meet their burden of proof. If the wife changes her story from the one she told the police, they could also threaten her with filing charges of filing a false police report.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    Not automatically. However, if the state has no victim to testify it is close to impossible to present a case to conviction.
    Answer Applies to: Michigan
    Replied: 8/24/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    If she does not appear in court there will be concern on the part of the court and prosecutor that she has threatened, injured or intimidated by the defendant. Her nonappearance will only delay the proceedings. She should appear in court and advise the prosecutor of her wishes.
    Answer Applies to: New Jersey
    Replied: 8/24/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    The State of Oregon can still file the charges and proceed. They will lose at trial if she refuses to testify against you.
    Answer Applies to: Oregon
    Replied: 8/24/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    Assuming that the wife is the victim/complainant in the case, she will undoubtedly receive a subpoena. As subpoena is a Court Order and not merely an invitation to come to Court. If she does not appear, she runs the risk that the prosecutor could request a bench warrant for her arrest for contempt of court and failing to appear in compliance with the subpoena. Alternatively, she could contact the prosecutor and explain that she does not wish to pursue the matter and would like for them to dismiss the case against her husband. However, ultimately the decision as to what happens to a case is up to the prosecutor.
    Answer Applies to: Pennsylvania
    Replied: 8/24/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    It is not unusual with a wife or girlfriend not to cooperate with the prosecution of a domestic violence charge. The charge is filed by the State or City and they may or may not proceed without the cooperation of the alleged victim. They can subpoena her to appear in court and in some cases will have her arrested if she fails to show up. They might also proceed without her testimony if they have enough independent evidence. It all depends on the case and the policy of the prosecutor.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The state (not the alleged victim) can move to dismiss (or file) charges and this is in part because it provides less incentive for suspects to pressure alleged victims to drop charges. If someone witnessed an assault besides the alleged victim, the state can proceed without the cooperation of the alleged victim. If the alleged victim is subpoenas and does not appear for court, the government can request the court to order a material witness bench warrant in which the police then bring the alleged victim to court.
    Answer Applies to: Washington
    Replied: 8/24/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Not necessarily. The State can choose to go ahead with prosecution even if the alleged victim chooses not to.
    Answer Applies to: Alabama
    Replied: 8/24/2011
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