Legal Question in Criminal Law in New York
If the plaintif wants the charges dropped, can the state press charges?
Asked on 4/28/11, 3:59 pm
2 Answers from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
Yes. In a criminal case there is no plaintiff. A complainant files a complaint with a law enforcement agency. This agency along with the District Attorney's office makes a determination as to the validity of the complaint and decides if charges are to be filed on behalf of the People of the State of New York. An individual does not file charges only the state by the D.A.'s office does. If the D.A. decides there is enough evidence to sustain the charge, they do not need the complainant or they can subpoena the complainant to testify.
Answered on 4/28/11, 4:13 pm
Joseph Villanueva
Villanueva & Sanchala, PLLC - Serving all of NYS
Yes.
Answered on 4/28/11, 5:20 pm
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