If the prosecuting attorney in a theft by unlawful taking case only has a police report because the victim and witness want nothing to do with the case, is he likely to get a conviction?

My boyfriend is being charged with theft by unlawful taking. My neighbor is the “victim” in this case and my mother a witness. The victim has decided to no longer pursue the case and has spoken to the county attorney. My mother has also spoken to the county attorney and wants nothing to do with this case. I’m just curious if the county attorney is likely to get a conviction considering this is a bench trial or if he should just drop the charges and is being a pain about it.

Asked on November 6, 2011 under Criminal Law, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the victim of a crime no longer wishes to press charges as to it, the district attorney's office still has the discretion to pursue the action. The problem for the prosecution is that there is no willing witness to establish a case against the defendant.

Given this situation, the chances for a conviction since the prosecution bears the burden of proving the elements of the crime is by clear and convincing evidence is made even the more difficult. The chances for a conviction seems somewhat remote.

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