Does a person being charged with felony and battery require the victim’s cooperation to have the charges dropped against the offender?

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Does a person being charged with felony and battery require the victim’s cooperation to have the charges dropped against the offender?

Asked on November 14, 2012 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A victim cannot drop criminal charges, only the prosecutor can do that. If the prosecuting attorney is of the opinion that they have a solid case, then they can move forward with a proesecution even above the objections of the victim. However, if the case depends in large part upon the victim's testimony (and cooperation), the prosecutor may be less inclined to proceed with the case. At this point, the accused should seek the consultation of a criminal law attorney.


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