The prosecutor's full discretion to continue to press charges based on the evidence they have, regardless of whether the alleged victim wants the case dropped.
“The third circumstance is going to be that the prosecutor has full discretion in continuing to press charges. So often times in domestic violence, just because the alleged victim does not want to press charges anymore and says that they want the case dropped, that does not mean that the prosecutor drops the case. The prosecutor goes off the evidence they have. And while they'll consider the fact that that person doesn't want charges to be pressed anymore and that they want the case to be dismissed, if the prosecutor believes they have sufficient evidence to continue forward with the case, they'll continue to prosecute it no matter what the alleged victim wants.”
“The third circumstance is going to be that the prosecutor has full discretion in continuing to press charges.”
“The third circumstance is going to be that the prosecutor has full discretion in continuing to press charges. So often times in domestic violence, just because the alleged victim does not want to press charges anymore and says that they want the case dropped, that does not mean that the prosecutor drops the case. The prosecutor goes off the evidence they have. And while they'll consider the fact that that person doesn't want charges to be pressed anymore and that they want the case to be dismissed, if the prosecutor believes they have sufficient evidence to continue forward with the case, they'll continue to prosecute it no matter what the alleged victim wants.”
“The third circumstance is going to be that the prosecutor has full discretion in continuing to press charges.”
“the domestic violence cases are always an interesting one because that's the one where i think it's the most biased that it comes in because that is the one where the police go in there and they literally have someone that they want to arrest um i think we've talked about this on some of the previous ones colorado law says that the police must make an arrest if there's a probable cause in a db case um you know a lot of these sort of cases you know shoplifting you know you talk to the police and it's like oh my god you know i've never done this before the police actually have the discretion whether or not they're going to really charge you the crime domestic violence cases no mandatory law says they have to make an arrest”
Right Law Group's guide explains: "It’s a common misconception that victims of domestic violence can simply drop the charges against their alleged abusers."
Source · Read guide ↗Right Law Group's guide explains: "Key Findings on Colorado’s Habitual Criminal Law • The law creates two distinct tiers: “Little Habitual” for two prior felonies, which doubles the potential sentence, and “Big Habitual” for three prior felonies, which can triple the sentence."
Source · Read guide ↗Right Law Group's guide explains: "Plea bargaining has become an increasingly common practice in criminal cases throughout the United States, but is it beneficial to both parties involved?"
Source · Read guide ↗Alexis explains: "the domestic violence cases are always an interesting one because that's the one where i think it's the most biased that it comes in because that is the one where the police go in there and they literally have someone that they want to arrest um i think we've talked about this on some of the previous ones colorado law says that the police must make an arrest if there's a probable cause in a db case um you know a lot of these sort of cases you know shoplifting you know you talk to the police and it's like oh my god you know i've never done this before the police actually have the discretion whether or not they're going to really charge you the crime domestic violence cases no mandatory law says they have to make an arrest"
Answered by Alexis Austin Litle · Watch clip ↗Zoe explains: "The third circumstance is going to be that the prosecutor has full discretion in continuing to press charges. So often times in domestic violence, just because the alleged victim does not want to press charges anymore and says that they want the case dropped, that does not mean that the prosecutor drops the case. The prosecutor goes off the evidence they have. And while they'll consider the fact that that person doesn't want charges to be pressed anymore and that they want the case to be dismissed, if the prosecutor believes they have sufficient evidence to continue forward with the case, they'll continue to prosecute it no matter what the alleged victim wants."
Answered by Zoe Levesque · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
5 answers grounded in Right Law Group sources
Got into a DV case because of an ex I let back in the home and made my life very hard
he fought hard for me
they dismissed the whole case
their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed
get my case dismissed