QUESTION
If someone tells the police that they don't want to press charges can the person change their mind?
Asked on Feb 14th, 2013 on Criminal Law - New York
12 ANSWERS
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Yes. However, the police have the discretion of bringing charges or not, and may consider that the person first refused to press charges.
Answered on Feb 18th, 2013 at 11:24 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Sure. But police don't like a lot of wish washy people to deal with and they don't like people to USE THEM to solve their domestic problems.
Answered on Feb 18th, 2013 at 8:21 PM
John J. Carney
The complainant can tell the police anything they want and the police will decide how to proceed.
Answered on Feb 18th, 2013 at 7:25 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Yes, that person can change their mind and as often as they want. Just keep in mind that when that happens, the police and prosecutor may be less inclined to believe you or wish to follow through with the charges. In the end however, it is always up to the prosecutor and the prosecutor alone on whether or not to pursue criminal charges.
Answered on Feb 18th, 2013 at 7:06 PM
The person can change their mind but that doesn't mean the prosecutor has to dismiss the charges. The local prosecutor can continue with the case and if you don't cooperate you can be held in contempt of court and probably jailed.
Answered on Feb 18th, 2013 at 6:57 PM
Michael J. Breczinski
Yes they can do so. Then the police will decide whether to go forward.
Answered on Feb 17th, 2013 at 11:38 PM
Personal Injury Attorney serving Providence, RI
2 Awards
The simple answer is, Yes. The victim of crime always has the right to bring charges and if the police can substantiate the charge with the evidence and the statute of limitations on bringing the charge has not elapsed, then it can be initiated.
Answered on Feb 17th, 2013 at 10:09 PM
Yes, but the longer they wait the less likely the police will believe you.
Answered on Feb 17th, 2013 at 10:01 PM
Yes, and in fact it might not matter because the police rarely listen and they press charges anyway on their own.
Answered on Feb 17th, 2013 at 9:09 PM
Criminal Defense Attorney serving Fullerton, CA
at
The Law Offices of John W. Bussman
Update Your Profile
It's not the victim's decision whether or not to press charges. That decision belongs to the DA. Often, the DA will take the victim's wishes into account in making that decision, but not always.
Answered on Feb 17th, 2013 at 9:00 PM
1 Award
Yes, and the police/DA often encourage them to prosecute. In cases where the crime is significant, such as assault, robbery or rape, the authorities will often prosecute even if the victim doesn't want them to crime to.
Answered on Feb 17th, 2013 at 8:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Technically, yes, but the "complaining witness" or victim, loses credibility. The police may not want to listen to someone who has changed her mind.
Answered on Feb 17th, 2013 at 8:54 PM