Can criminalcharges be dropped by thevictim or does the state continue with the charges?
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Can criminalcharges be dropped by thevictim or does the state continue with the charges?
Charges of B&E and B&E larceny and possession of stolen property.
Asked on July 20, 2011 Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Many people are of the mistaken believe that a victim has the power to "press charges" or to "drop charges". The cast is that since all crimes are offenses against the community as well as the victim, only the prosecuting attorney can file or dismiss charges. Yet, although the decision whether or not to prosecute is ultimately up to the prosecutor's office, the victim's wishes are taken into account. The fact is that there are other factors to also be considered in deciding to go forward with a case, these include: the defendant's prior criminal history, the severity of the alleged crime, whether the defendant has other pending charges against them, and what, if any, future danger the defendant poses to the community and/or the current victim.
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