Is it legal for the district attorney to file charges when the victim refused to file charges

UPDATED: Oct 1, 2022

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Is it legal for the district attorney to file charges when the victim refused to file charges

The victim in my case refused to file
charges for domestic battery so the
district attorney did and she also
refused to speak in court so is it legal
for him to do something when victim
refused to cooperate with them

Asked on May 23, 2019 under Criminal Law, Kansas


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

Answered 3 years ago | Contributor

In a criminal case, it is upto the state and not the alleged victim as to whether or not to file charges. If the victim does not want to cooperate, so long as there is other evidence sufficient enough to support a conviction, then the case will go forward. The fact is that many times in these type cases, victims are threatened or otherwise coherced into changing their statements and not cooperating with the authorities. 

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 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.

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