If a victim does’t want to file charges against someone who severly injured them, can the state file charges anyway?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption