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    Speak Up! - View Question #621


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    Question: Will the State (the prosecutor) bring charges even if the victim does not wish to press charges?

    Answer: The short answer is yes. The decision whether or not to file charges against someone suspected of having committed a crime is strictly the prosecutor's decision. Under victims' rights laws that were enacted in recent years (called the Victims' Bill of Rights and appearing in the Arizona Constitution, and enacted as statutes for juvenile court cases), alleged victims have the right to be notified of many aspects of the case, including dates of court hearings, the accused's release status, and the person(s) in the probation department responsible for preparing the pre-sentence report. In these ways the victim can influence the decisions of the court.

    The victim may also influence the decisions of the prosecutor, but only after formal charges have been filed. That is, the victim has the right to confer with the prosecutor after charges have been filed. The victim therefore does not have much influence over the prosecutor's decision whether to charge, but the victim can be very influential over how the charges are disposed of by this right. The victim must be conferred with over any plea agreement offer. Often plea offers involve dropping the charges (for example in a diversion agreement where the accused will attend counseling, or do community service work, or pay back the victim his or her financial loss in exchange for dismissal of the charges).

    Although the victim has the right to have input into how the charges are disposed of, the ultimate decision is the prosecutor's decision. One practical way in which a victim can influence whether a charge is brought in the first place is with the police. If the police never refer their report to the prosecutor, the prosecutor will not know that a crime has occurred that can be charged.

    Frequently, if an incident is sufficiently minor and the victim informs the police that they do not wish to press charges, the police report will not be referred to the prosecutor and there won't be an occasion for charges to be brought.

    In all, you would want the elected government authority, the prosecutor, to have the final charging decision. Otherwise, victims, in particular battered spouses, abused children, and others, could be coerced by threat or otherwise to 'not press charges.'


    Comments
    1 thru 4 of 4 comments    [ 1 ]   
    On 12/02/03
    Josh from SC said:
    i think that if people had the choice wether or not to press charges there would be a alot of people bullying others into not pressing charges when u really need to in most cases so i agree with the law on this one and defending your friends is one thing but letting them walk all over you is not the values this country was founded on
    On 10/02/03
    Britney from RI said:
    I was attacked by a very good friend of mine. Police were summoned and during this process while under trauma and stress did not file at that moment. However filed 4 days later with much encouragement from friends and family. He broke my eyebone and bite a large chunk out of my nose. Police officers were of no help. You do not ask someone during a time of crises whether they want to do something that scarry. I was left in the cold. I am currently going through the worst court proceddings you can imagine. I realized while in court how evil this person was. This gave me fuel to press charges. I
    On 09/11/03
    Emily from AZ said:
    i have always thought the only way that charges are pressed is by the victim but i guess that isnt always the case.
    On 09/08/03
    Yolanda from SC said:
    Many victims are afraid of pressing charges against someone simply because they are wanted for something, such as child support, or other acts. I was wondering if it were right for the witness to press charges on someone else's behalf so the victim is not "brought into the situation" because they have things to hide.
    1 thru 4 of 4 comments    [ 1 ]   



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