Can the county pick up case on burgalry and kidnapping if victom wants to drop the charges?
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Can the county pick up case on burgalry and kidnapping if victom wants to drop the charges?
Asked on June 7, 2013 under Criminal Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Whether to not to go forward with a case is the option of the prosecutor, not the victim. In other words, the victim files the criminal compliant but it is the state that decides if the case will be picked up.
Of course, without the cooperation of the victim it may make it difficult to move forward with the case (but it doesn not make it impossible to do so). It will depend on any other evidence (witnesses, physical proof, etc) that exists.
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