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    Speak Up! - View Question #603


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    Question: If a minor is beaten up by another minor and they don't press charges will charges be pressed anyway?

    Answer: They could be.

    Once a police report of an incident like a fight is generated, it is forwarded to the county attorney's office. If the deputy county attorney that is assigned, finds, after reading the report, that it contains all of the elements of a criminal offense and, the county attorney feels it is worth filing, the charges can be filed, despite the victim's desire to let it go.

    On a practical note, this situation happens often. Cases where the victim does not want to have anything to do with it routinely go to court anyway. Technically, once the state becomes involved, the prosecutor's job is to defend the state, not the victim.


    Comments
    1 thru 3 of 3 comments    [ 1 ]   
    On 05/28/04
    Anna Nicole from HI said:
    what can the police do ...they will not take charges until it gets very serious....then when it gets very serious then they will start moving.....
    On 01/22/03
    Trent from CA said:
    police cant do anything.You need to file for a restraining order.It will state that he cant come in a certain number of feet near you or canbe arrested.SELF DEFENSE is allways good.
    On 06/20/02
    Alex from CA said:
    Fights will probally continue at schools. How does the police have any say in this?
    1 thru 3 of 3 comments    [ 1 ]   



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