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CDV
My wife called the police on me because we didn’t agree
on something and the police asked her if she wanted to
press charges and she said no. Can they still issue a
warrant
Asked on August 10, 2017 under Criminal Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, charges can still be pressed. Whether or not to proceed with a criminal case is up to the prosecutor's office, not with the alleged victim. Accordingly, if there is sufficient enough other evidence to support a conviction, then the case can go ahead. While it would be stronger with the victim's cooperation, charges against you will not necessarily be dropped without such cooperation. The fact is that many DV victims are intimated by their abusers and prosecutors are aware of this so take these type cases very seriously.
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