Speak Up! - View Question #25547
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How can the State of Arizona Superior Court Juvenile Division send you a notice to appear advisory hearing for shoplifting when the retailer elected not to press charges or seek prosecution? Is this legal?
Yes, it is legal. A victim, as in this case the retailer, does not make the decision as to whether or not charges are filed. The prosecutor will certainly listen to their wishes, however, they do not decide whether or not one is prosecuted. This happens regularly where retailers recovered the merchandise, or in cases involving a husband and wife/boyfriend and girlfriend where one is assaulted by the other and later states they do not want the other prosecuted. The prosecutor's office is here to protect all citizens and businesses in the State of Arizona, and in their discretion they have decided it best to prosecute the case in spite of the retailer's wishes.