If someone initially declines to file a criminal complaint, can they do so later?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone initially declines to file a criminal complaint, can they do so later?

When asked if someone wanted to press charges against another person, the person asked said no.

Asked on July 28, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a person declines to press charges against someone for the filing of a criminal complaint initially, that person can later change his or her mind and then decide that criminal charges are desired to be filed.

Even if the person is adamant about filing criminal charges, the district attorney's office based upon the police report could decide that it wishes to file a criminal complaint. The rationale is that the district attorney's office represents the people of a given state and it is this office's obligation to protect the people living within.

Law enforcement and the district attorney's office are aware that immediately after a possible criminal incident has happened, the victim may be reluctant to press charges for various reasons and later the victim changes his or her mind.


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