Legal Question in Criminal Law in South Dakota
Simple Assault Charges
My friend was in a physical fight with a family member. The cops were called and the family member said they didn't want to press charges. Is it legal for the cop to arrest this person for simple assault if the family member didn't want the charges pressed?
Asked on 11/20/07, 3:01 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Simple Assault Charges
Yes. Whether to arrest a suspect if the police officers' call and not the victim's. Likewise, whether to charge someone with a crime is the prosecutor's decision. Prosecutors will generally take into account what the victim wants, but will often proceed even when the victim wants the matter dropped.
Answered on 11/20/07, 3:30 pm
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