Legal Question in Criminal Law in California
If there is a pending case and the plaintiff has not decided whether to press charges or not, does the court pursue it further? What if the defendant is on probation?
1 Answer from Attorneys
Whether to bring charges or not is the prosecutor's decision, not the victim's. (You use the term "plaintiff", but the plaintiff in all criminal cases is the government. You almost certainly mean the victim or, as the courts sometimes say, the complaining witness.) If the case is already pending, then the prosecutor has already decided to bring charges.
Prosecutors do not need the victim's consent before they bring charges, and they do not have to dismiss charges if the victim decides that's what he wants. Victims often ask prosecutors to drop charges, and prosecutors usually say no.
You ask whether "the court" will pursue the case further, but in our system courts don't "pursue" anything. Cases are pursued by prosecutors. The case you have in mind is already being pursued. The court has no authority to change that, nor does it have any interest in doing so.
The last part of your question asks whether it matters that the defendant is on probation. That would probably make the prosecutor more eager to pursue the case. It would likely also increase the punishment if the defendant is found guilty. Being on probation is sometimes even an element of the charged crimes.
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