What are my options as a battery victim if I do not want to pursue the case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my options as a battery victim if I do not want to pursue the case?
I filed a complaint after being assaulted on a private property that was supposed
to have security. The defendant was arrested 3 months after it was filed and I
am not interested in pursuing this case. It has been sent to state court. Is it
now out of my hands? Or is there actions I can take to have this dismissed?
Asked on August 16, 2016 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact of the matter is that it is not up to an alleged victim whether or not to press charges and drop a case; it is up to the prosecutor. If there is other evidence to support a conviction, a case can move forward even without the cooperation of the alleged victim. While it would be easier to pursue the case with their help, it can still proceed without it. In the event that the alleged victim does not show up to a court appearance, this doesn't mean that the charges will be withdrawn and the case dismissed. Further, if the victim is subpoenaed as a witness but they fail to show up and appear in court, they would be violating a judicial order and could be held in contempt of court and face fines/jail time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.