Legal Question in Criminal Law in Florida
will a declination to prosecute letter stop further legal actions in a case?
1 Answer from Attorneys
Not necessarily. The State Attorney can decide to proceed with a criminal case regardless of whether the victim declines to prosecute or not. Usually this happens when the State can prove their case even without the cooperation of the victim (for example if there is an independent witness or some other type of evidence that proves the case). However, sometimes an ASA feels so strongly about a particular case that even though the victim does not wish to participate in the prosecution, the state will subpoena the victim to testify anyway. If the victim does not come to court the State can request the judge to issue a rule to show cause why the victim should not be held in contempt- this is a hearing- and if the victim does not show up to that hearing either the judge can issue a warrant for the victim's arrest. It is also possible for the ASA to request that the judge issue a material witness warrant and hold the victim in custody until the trial date so that the State is sure that the victim will appear. These tactics are used very very rarely, but it can happen.
Related Questions & Answers
-
Ok here the story.I heard 15 shots fired in my area so i went to see what it was... Asked 3/29/11, 7:06 pm in United States Florida Criminal Law
-
What is the penalty for charge of principal sale of cocaine /felony in florida? and... Asked 3/29/11, 12:20 am in United States Florida Criminal Law