Can criminalcharges be dropped by thevictim or does the state continue with the charges?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can criminalcharges be dropped by thevictim or does the state continue with the charges?

Charges of B&E and B&E larceny and possession of stolen property.

Asked on July 20, 2011 Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Many people are of the mistaken believe that a victim has the power to "press charges" or to "drop charges". The cast is that since all crimes are offenses against the community as well as the victim, only the prosecuting attorney can file or dismiss charges. Yet, although the decision whether or not to prosecute is ultimately up to the prosecutor's office, the victim's wishes are taken into account. The fact is that there are other factors to also be considered in deciding to go forward with a case, these include: the defendant's prior criminal history, the severity of the alleged crime, whether the defendant has other pending charges against them, and what, if any, future danger the defendant poses to the community and/or the current victim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption