Legal Question in Criminal Law in Ohio
valid complaint
can an individual be prosecuted for a crime without a valid complaint ever being originially filed by the victim?
Asked on 7/04/07, 10:35 am
1 Answer from Attorneys
Richard Cline
Office of the Ohio Public Defender
Re: valid complaint
I am not sure what you mean when you say that "a valid complaint" was never filed. Do you mean to say a complaint was filed, but that complaint was invalid? If so, in what way was it invalid? Was it legally deficient, or factually deficient?
On the other hand, did you mean to say that no citizen filed a complaint at all, but the police went forward with prosecution? If that is what you mean, the answer is "yes", the police may prosecute even if the "victim" does not want to press charges.
Hope this helps.
Answered on 7/04/07, 3:18 pm
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