Legal Question in Criminal Law in Florida

a friend of mine was arrested this past week. On the charges of battery false imprisonment of an adult or 13 year old or above and Stocking. the victim has got a hold of somebody in my family and told them that they are not going to proceed with the charges. Stated they spoke with the state's attorney. Told them that they did not want this to occur they even stated that they told the cop that she was not going to want to press charges. The state attorney stated that she needs to go down to the courthouse. Fill out a paper have it notarized and file it. My question is. will the state still proceed with the charges even though the victim is not cooperating at all


Asked on 6/22/15, 11:25 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

It is most state attorney's policy to prosecute domestic violence charges, such as stalking, even though the "victim" does not want to press charges. That said, your friend's wishes are one factor that the state considers on whether to prosecute. All your friend can do is insist on it with the prosecutor, but just understand that ultimately it is the prosecutor's decision, not the victim's.

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Answered on 6/22/15, 4:40 pm


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