Can the state pick up the charges even if the victim doesn't want to press charges? There are 4 witnesses & a possible video.

Asked almost 3 years ago - Orlando, FL

4 different witnesses said I choked her & 2 wrote statements.. she said I did not & I said I did not choke her.

Attorney answers (2)

  1. Christopher J Roberts

    Contributor Level 9

    1

    Lawyer agrees

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    Answered . The State can prosecute even if the victim does not want to. In a lot of cases the alleged victim is the only witness, so it is very hard for the State to go forward without her (or his) cooperation. In your case with several witnesses who are apparently going to testify against you, the State may well decide to go forward. Note that the State can also force the alleged victim to testify. If they believe she testifies falsely under oath (especially if there is a video that contradicts her), they can even prosecute her for perjury. This is a serious situation and the State runs into this all the time where the alleged victim decides not to press charges. They can get very aggressive with the alleged victim, and it is pretty common that they do not just go away even when the alleged victim wants them to. If you can, hire a criminal defense lawyer to help you. If you cannot, you can apply for a public defender.

  2. Royce Brent Bishop

    Contributor Level 16

    Answered . Si. They can still charge you. It helps if she wants to help the state, but they don't need her if they have evidence. YOu need an attorney, you need an attorney, you need an attorney-whether you are guilty or not, whether she is full of it or not.

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