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

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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

Answers:

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

Answered 2 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. 


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