Legal Question in Criminal Law in Georgia
Felony False Imprisonment
What exactly is false imprisonment; how is it different from kidnapping? I filed a complaint against my boyfriend and this was one of the charges (as well as a minor traffic violation and mis. obstruction) for which he was arrested. Is it possible to have charges dropped after an arrest? Can prosecution still seek felony without my testimony?
2 Answers from Attorneys
Re: Felony False Imprisonment
It is the prosecutor's decision whether to pursue charges or not, not the witnesses or other involved parties. However, often times the case will be very weak if the main witness refuses to testify.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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Re: Felony False Imprisonment
False imprisonment is holding one against his or her will without legal authority. Kidnapping also involves the element of asportation, that is, transporting the detained person to a place where he or she did not intend to go.
It is difficult to prosecute certain crimes without the testimony of the victim, but it is not always the case that charges will not be pursued if the complaining party refuses to testify.
If you wish to discuss this further, please call.
Jim Hough
770-607-5300
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