From the facts presented I suspect that the police filed charges against both parties. The parties do not control who is charged; the police do. The assistant district attorney will have difficulty proving the case if neither party testifies against the other. Both parties have a 5th amendment right to remain silent and not testify even if called as a witness. Unless there are independent witnesses I suspect the cases against both parties will be dismissed.
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Answered on Nov 06th, 2013 at 3:59 PM