If person A commits a crime against person B, and person B does not press charges against person a can person C press charges against person A. Person C has no relation to the crime, only evidence that person A did it.
If somebody commits a crime against somebody else, and victim does not press charges can someone else?
If person A commits a crime against person B, and person B does not press charges against person a can person C press charges against person A. Person C has no relation to the crime, only evidence that person A did it.
10 Responses
November 24th, 2009 at 2:57 am
If a crime was committed sure.
murder is a perfect example
However, some things are only a crime if the victim did not consent.
The victim’s testimony will carry so much weight and an unwillingness to press charges will usually result in the police not pursuing the case.
November 26th, 2009 at 6:10 am
You can file and the state may take up the case to keep your identity safe. That is pretty much what the Crime Stoppers company does.
November 27th, 2009 at 3:37 pm
in most cases, no. The victim must be willing to prosecute. This is not the case where the victim is a juvenile, some domestic cases and homicides or where the victim lacks the mental capacity to decide whether to prosecute. But basically, if I stab you and you do not want to prosecute, your brother can not do it for you.
November 27th, 2009 at 4:57 pm
Person C usually turns out to be the State. The State often picks up the charge. The uninformed moron often pleads no contest.
November 29th, 2009 at 12:29 pm
No. An ordinary citizen can not press charges without standing. The state may though and this could end up with the same result.
December 2nd, 2009 at 9:15 am
because a person can only be tried for a crime once. i wouldn’t try to get someone to take it to court because the victims testimony is worth sooo much, especially if they deny it as well!!! but you can talk to person B and try to get them to press charges. But if you could prove Person A forced person B to deny the crime, it could be a success
December 2nd, 2009 at 11:36 am
An example where this answer would be “yes” is in the area of domestic assault. Many / most states have a clause in the statute that if the officer has probable cause that an assault happened, he / she is REQUIRED to make an arrest. This is even if the “victim” does not want to cooperate.
December 5th, 2009 at 3:24 am
Yes. Matter of fact, many domestic abuse cases are that way.. The battered calls police, then changes mind about pressing charges. Sometimes, the police charge the party and it’s out of the other one’s hands.
December 6th, 2009 at 2:17 pm
No. Not in most circumstances. Domestic Violence is one that is usually prosecuted regardless of the victim’s cooperation. DV cases can be tried because officers are trained to gather the statements and evidence we need on scene.
Property crimes, simple assaults, etc will not be prosecuted without the cooperation of the victim since they typically hold the key to the prosecution’s case, their testimony.
I’ve turned away quite a few people that want someone prosecuted for a crime in which the victim does not, and refuses to give a statement.
December 7th, 2009 at 4:02 am
If it’s a CRIMINAL matter: the decision on whether or not to press charges is with the district attorney or US attorney. Anyone can inform law enforcement, which will investigate and pass the information on to the prosecuting attorney. Usually, they will take the victim’s wishes into account, but the prosecutor has the final decision.
If it’s a CIVIL matter: only the victim can file a lawsuit.