We had a situation were my child's father threatened to hurt my family, on a drug and drunk binge. Well cops came out and removed him from the property, he called saying he was coming back. So we called which they said to do if he continued.. they told me if they came back to make sure he didn't I would need to press charges.. I am pregnant and have bad anxiety so i agreed. They took my phone and found texts of him saying "she or cops would of got hurt, I left before deaths occured" from a week prior they said they are using it in my "charges" for the prosecutor.. I felt as if I didn't agree I wouldn't be protected by them that night. I do not want to charge him he is now out of state to get help with his drug problem and get a new life .. I'm going to the courthouse once they open tomorrow to try to drop my name at the very least. Anything I can do to stop this? Like I said at the time I was scared, but it feels as the cops forced me or they wouldn't keep us safe.
Unfortunately, there is a common misconception that a person presses charges. You are not the one who decides if the City or State press charges. The prosecutor reviews police reports and evidence to see if there is enough for charges, then they decide if they press charges or not. I am sorry to hear you are having this situation. Good luck to you.
My response is not legal advice. This answer does not create an attorney-client relationship. I am not your attorney nor am I representing you as a result of my answer. You should consult with an attorney regardless of what my response says as they will have the information necessary to properly evaluate your situation.
It is the prosecuting attorney who made the decision to press charges, not you. Even if you had not agreed that night to press charges, the prosecuting attorney could have filed a complaint against your child's father anyway.
While the prosecuting attorney can proceed with the charges whether or not you wish to cooperate, they do sometimes value input from a complaining witness about whether or not they want to proceed with the case. The prosecutor will take your feelings about the case into consideration, though nothing obligates them to drop charges. The prosecutor can also force you to come testify, if necessary, at a preliminary examination or trial by serving you with a subpoena.
Most prosecutor's offices have a victim's advocate that works in their office. It would be a good idea to reach out to that person in order to get your feelings about the case heard.
It is up to the prosecutor to decide what charges, if any, to proceed with. A victim or witness has no authority to require the prosecutor to bring a charge, or drop a charge. However, many prosecutors will listen to input from the victim, so you should try to speak to the Victim's Advocate at your prosecutor's office to make your opinion known. Whatever is your opinion, the prosecutor's office makes an independent decision on whether to prosecute.
You and I do not have an attorney-client relationship formed by our communications on this website. Comments made by me on this website are general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
As my colleagues have noted, it is up to the Prosecuting Official to decide whether or not to press charges. The Prosecutor CAN continue the charge even if you disagree or later try to "not press charges." However, you should contact the Victim's Rights Advocate at the Prosecutor's Office to let your feelings be known. While it may not cause the Prosecutor to drop the charges, it will allow you to voice your disagreement and may allow the charge to be reduced.
The information contained in this posting is neither legal advice nor is it intended to be legal advice. Both Avvo and the Attorney expressly advise that NO attorney-client relationship is created by posting questions, answers, or replies to this site. The information contained in Avvo is general information designed to give the reader a basic understanding of some legal concepts. Answers provided are for educational purposes only. If you are in need of specific legal advice, please contact a local attorney. Thank you, The Law Office of Nancy R. Eaton Proudly serving the Mid-Michigan area (517)507-1476
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