Why Am I Charged if the Victim Didn’t Want to Press Charges?
Sometimes, in cases involving assault or domestic violence, the alleged victim says they do not want to press charges. This may relieve suspects as they believe they will not be charged. However, it’s not the victim’s decision whether to pursue criminal charges or not. The Indianapolis assault lawyers at The Criminal Defense Team is here to inform you what you need to know about this issue and how it might affect your case.
The Prosecution’s Role in Criminal Cases
Despite popular belief, victims do not “press charges.” Instead, prosecutors who learn of a crime file an information or grand jury indictment with the court. While the victim’s account can affect whether these charges are filed, the prosecutor is the party who brings them forth. As such, only the prosecutor can rescind the charges.
While the prosecution may speak with the victim, they do not actually represent the victim. Instead, they represent the government. Their role is to protect the public from harm and ensure justice is served after someone commits a crime. Prosecutors have a lot of power in the criminal justice system as they are responsible for all of the following:
- Investigating the case
- Deciding whether to prosecute a defendant
- Conducting legal proceedings against the accused
- Making recommendations regarding bail
- Negotiating a plea bargain to avoid the expense and time of trial
- Presenting evidence at pre-trial hearings and during trial
- Selecting jurors during the voir dire process
- Examining and cross-examining witnesses
- Proving the defendant’s guilt beyond a reasonable doubt
In this way, prosecutors’ decisions have a lot more impact on a criminal case than the alleged victim’s.
How Does a Victim Not Wanting to Press Charges Affect a Case?
While victims can’t “drop charges,” their involvement or lack thereof can affect a case. For example, they may be unwilling to testify against you or may be uncooperative with the process. This can make it more difficult for the prosecution to prove the case.
Still, the prosecution can call the witness as a hostile witness and force them to testify. If they ignore a subpoena, they can be arrested for contempt of court and held in jail until they testify. If they lie under oath, they can face criminal charges for perjury.
However, if the alleged victim does not seem to want the case to be prosecuted, this can affect jurors’ decisions regarding the defendant’s guilt or innocence. The jurors may wonder whether you are being railroaded since the alleged victim may not share the negative feelings for you the prosecution has.
You Need an Experienced Criminal Defense Lawyer on Your Side
Even if the alleged victim does not want to pursue charges, you still need an experienced criminal defense lawyer in Indianapolis on your side. An experienced attorney can help you navigate the criminal justice system. You may be unaware of factors that could affect your legal rights. For example, you may be prohibited from talking to the alleged victim. Even if the victim wanted that communication, you could wind up in troubled legal waters if you reach out to them.
An experienced criminal defense lawyer can review the nature of the charges against you, investigate the case, consider potential defenses, and negotiate a favorable resolution of your case. The board-certified criminal trial specialists at The Criminal Defense Team of Baldwin Perry & Wiley P.C. are ready to use our considerable knowledge and experience in your case. Call us at (317) 678-9853 to get started with a free and confidential consultation.