Legal Question in Criminal Law in Iowa

assault charge

My daughter had a confrontation with two people. The one driving hit my daughter's car with her vehicle, then tried to hit my daughter with the vehicle, once she got out of her car, but hit the open door by which my daughter was standing, instead. My daughter called 911 from her cell phone to report the incidence, but ended up fighting with these two people, who had both been drinking, before the police arrived. My daughter was arrested for assault, the driver of the vehicle was arrested for OWI. The owner of the vehicle had no insurance. My daughter was charged with assault, and wanted to press charges against the other two, also. She has not been allowed to press charges against neither person. She had to file a small claim, for the damages to her car, which is still pending. She recently plead guilty to a lesser charge of disorderly conduct. But, has since lost her job, anyway, because of the original assault charge. She is planning to file a complaint against the arresting officer, whom didn't record her, or her witnesses' statements, into the police report. She wanted to press charges, he said she didn't want to. The county attorney told her to request a ''will call''. It was denied. Why is she not able to press charges?


Asked on 9/22/05, 9:12 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: assault charge

All a person can do is file a complaint. They do not have the right or ability to press charges. If the police do not follow up or think that there is no evidence the case goes no farther.

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Answered on 9/22/05, 10:07 pm


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