I have a friend that is charged with three felony accounts. I know one is 2nd degree assault ( strangulation of acquaintance) second is assault with weapon other. I don't know what the third is. My question is, can he get these charges dismissed if she doesn't press charges? Is it that easy or will the state pick them up if she tries to do so?
Answer
No. Only a prosecutor may press charges and only a prosecutor may dismiss charges. they may do so regardless of the wishes of any alleged victim.
Answer
Hello. Generally speaking, the local police authority makes an investigation, then forwards its investigation information to the appropriate prosecuting authority. The prosecutor's office then makes a determination as to whether or not to charge, and what charge or charges shall be issued. Your friend needs private attorney counsel at this time.
Tricia Dwyer Esq
Ph 612-296-9666
CRIMINAL DEFENSE
Tricia Dwyer Esq & Assoc PLLC
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