Full question:
If something was taken, reported to the police, assigned to a detective, and the owner later agrees to drop the charges, will the police still press charges?
- Category: Criminal
- Subcategory: NonProsecution Agreement
- Date:
- State: Texas
Answer:
A prosecutor may pursue a criminal charge even when the victim does not want the charge to be pursued. Technically speaking, only the prosecutor can decide whether or not the charge should be pursued, not the victim. However, if a victim does not want a charge pursued this will often make the case difficult to prosecute and the prosecutor may take that and other factors into account and decide not to pursue the charge, especially if he/she feels as though he/she will not be able to prove his case. When a victim makes contradictory statements this ordinarily makes it very difficult to prosecute the case because the victim can be impeached. Whether the prosecutor will continue to pursue a charge against the victim's wishes often depends on what evidence of the crime, if any, there is other than the victim's testimony.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
