What are my options as a battery victim if I do not want to pursue the case?
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What are my options as a battery victim if I do not want to pursue the case?
I filed a complaint after being assaulted on a private property that was supposed
to have security. The defendant was arrested 3 months after it was filed and I
am not interested in pursuing this case. It has been sent to state court. Is it
now out of my hands? Or is there actions I can take to have this dismissed?
Asked on August 16, 2016 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact of the matter is that it is not up to an alleged victim whether or not to press charges and drop a case; it is up to the prosecutor. If there is other evidence to support a conviction, a case can move forward even without the cooperation of the alleged victim. While it would be easier to pursue the case with their help, it can still proceed without it. In the event that the alleged victim does not show up to a court appearance, this doesn't mean that the charges will be withdrawn and the case dismissed. Further, if the victim is subpoenaed as a witness but they fail to show up and appear in court, they would be violating a judicial order and could be held in contempt of court and face fines/jail time.
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