QUESTION
Can the state/police still press charges even if there was no arrest and the other person isn't pressing charges?
Asked on Sep 12th, 2012 on Criminal Law - New Jersey
14 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes.
Answered on May 28th, 2013 at 8:27 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Possibly. You did not provide any facts from which to make this determination.
Answered on Sep 17th, 2012 at 2:47 PM
Michael J. Breczinski
Depends on the facts but the answer is maybe. It is the State that presses the charges not the other person.
Answered on Sep 17th, 2012 at 2:46 PM
They can ALWAYS press charges if they have some "evidence" of a crime. They STILL have to PROVE their case.
Answered on Sep 17th, 2012 at 2:46 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You are not supplying enough information. Whether there was an arrest or not does not control. You can be summonsed into the court to be charged. Regarding the "other person", it is not up to civilians to "press charges". People call the police when they feel in danger or they think a crime is being committed. Once the police come and take statements, it is now up to them to determine if "probably cause" exists that a crime has been committed. If they believe that probable cause exists, they will charge a person with the crime. It is now up to the DA to prosecute or drop the charges. Once the call is made, it is too late to recall the police and control the situation.
Answered on Sep 17th, 2012 at 2:45 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You do not say what the charge is, but it is possible in certain circumstances.
Answered on Sep 17th, 2012 at 2:43 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It is the state who is the complaining/filing party. If it wants to proceed and has good faith that the evidence exists, then it can pursue a case.
Answered on Sep 17th, 2012 at 2:42 PM
Dennis P. Mikko
It is not the police that would authorize charges. The police would complete their report and forward it to the prosecuting attorney. It is the prosecuting attorney alone who determines whether criminal charges are filed. While the victim may have some input, the victim cannot control the prosecutor's ultimate decision.
Answered on Sep 17th, 2012 at 2:42 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of mistake or misunderstanding? about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser. In other cases, it is up to the police and prosecutors to decide whether to pursue or drop charges if the victim wants to drop.
Answered on Sep 17th, 2012 at 2:40 PM
Of course they can. Whether the victim presses charges is irrelevant. And no arrest is necessary. A letter in the mail will suffice.
Answered on Sep 17th, 2012 at 2:39 PM
Yes, the power to charge crimes is with the state and often no arrests are made but the state reviews police reports and decides whether to file charges.
Answered on Sep 17th, 2012 at 2:38 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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If the police can develop probable cause without any civilian witnesses, yes.
Answered on Sep 17th, 2012 at 2:38 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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Yes they can. If there is probable cause for an arrest warrant and the belief you committed a crime the DA can request and a judge can issue a warrant without initial arrest and without the other party desiring charges against you. It is important not to make any statements to law enforcement and to protect your rights by contacting an attorney.
Answered on Sep 17th, 2012 at 2:37 PM
Gary Moore
Yes, if there is probable to believe a crime has been committed.
Answered on Sep 17th, 2012 at 2:36 PM