If a victim does’t want to file charges against someone who severly injured them, can the state file charges anyway?
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If a victim does’t want to file charges against someone who severly injured them, can the state file charges anyway?
I have a close friend who has suffered extreme personal injury. He was hit with a pipe and was in the hospital for 2 weeks. He lost an eye and suffered from seizures due to a cracked skull. He refuses to file charges on this person due to personal reasons. Can the law get involved in this matter even if he doesn’t file charges? I know who did this to him and will gladly turn him in but can this be done?
Asked on May 14, 2012 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A surprising number of victims drop charges on a daily basis. Some out of fear, and others because they don't want to be inconvenienced. Regardless of the reason, the State can always "pick up the charges," and frequently do. The challenge, however, is proving who committed the offense without the cooperation of the victim. If someone else saw the assault, then the victim is not a necessary to continue the prosecution. If the victim is the only person who can say what happened, then the State is going to have harder time making the charges stick. If you have information, you need to share it with a law enforcement agency so that they can prepare a case report for the state to pursue.
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