Can you still be prosecuted for a crime if the victim doesn’t want to press charges?

UPDATED: Oct 1, 2022

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Can you still be prosecuted for a crime if the victim doesn’t want to press charges?

My girlfriend and I had a fight, so her sister called the cops. I was arrested byt my girlfriend doesn’t want to press charges.

Asked on November 3, 2018 under Criminal Law, Illinois

Answers:

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

Answered 4 years ago | Contributor

It is not up to th evictim as to whether or not criminal charges are dropped; it is up to the state. Therefore, if there is enough evidence to support a conviction, then even without the victim's cooperation the case can go forward. The fact is that in domestic violence cases, many times the accused tries to intimidate the victim into not filing a criminal complaintor cooperating with the authorities. At this point, you should consult with a local criminal law attorney.


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