If you watch crime-fighting TV shows you may have heard a police officer ask the victim of an assault something like “Ma’am, do you want to press charges?” When a person is arrested for assault, the victim can press charges but the prosecution may have a case with or without them. If the victim doesn’t want to press charges, it does not automatically mean that the assault charges will be dropped. However, it can have an impact on the case. To learn more and secure skilled representation during your case, work with an experienced Bergen County violent crimes attorney today.
When the victim of a crime decides to press charges, they are formally accusing an individual of a crime and hoping that their accusation results in a trial and verdict. However, it is not the victim who actually presses charges against the defendant.
Instead, in New Jersey, criminal cases are handled primarily by the state. To press charges, the victim of a crime could file a complaint with the prosecutor’s office requesting that they prosecute. However, it is up to the prosecutor to determine whether or not to press charges.
It is important to understand that in New Jersey, the state and prosecutors bring charges against an individual for a criminal offense, not the victim of the crime. In a criminal case, the victim can be considered a witness and testify to their experience, but they do not act as the plaintiff.
Because criminal charges are filed by the prosecutor, not the victim, if the victim decides they do not want to press charges the case will not automatically be dropped. It is the prosecutor’s responsibility to evaluate their case and decide whether the evidence is great enough to proceed with the case. If the victim expresses their desire not to press charges, the state can still move forward with the case as long as they have enough evidence to do so.
It is important to keep in mind that although it is not the deciding factor, the victim’s wishes can still be considered. The victim’s testimony and willingness to participate in the case can have a significant impact on the outcome. Their refusal to participate in the trial could harm the prosecution’s case. If the prosecutor does not have enough evidence without the victim they may decide to drop the charges or the judge could dismiss the case.
However, the prosecutor may have other evidence of the assault like photos, videos, additional witness testimony, medical evidence, or police reports. Especially in domestic violence cases, the prosecutor may feel a sense of obligation to prosecute the case regardless of the victim’s wishes.
If you are being charged with assault or were the victim of an assault and have questions or concerns about the legal process, contact a skilled attorney today for more information.
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