Legal Question in Criminal Law in New York
I WAS ARRESTED AND IMPRISONED BUT NOONE TESTIFED AGAINST ME OR CAME TO THE GRAND JURY. I AM ACCUSED OF CHARGE PL120.00 12. I WENT TO COURT 0N 6-22-10 BUT THEN GIVEN ANOTHER COURT DATE FOR 8-12-10. IF VICTIM DID NOT PRESS CHARGES OR SIGN ANYTHING FOR THE DA'S OFFICE AND DID NOT ATTEND GRAND JURY then WHY WASN'T THE CHARGED DROPPED?
2 Answers from Attorneys
An individual makes a complaint, not press charges. Charges are brought by the authority of the State through the District Attorney or Attorney General depending the nature of the charge. If the DA feels that they have enough evidence to make their case, they do not need the cooperation of the original complainant.
I agree with the other answer. The State of NY is the prosecuting agent and they may proceed without the original complaining witness if they believe they have enough corroborating evidence.
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