Legal Question in Criminal Law in Tennessee
Can domestic assault charges be dismissed if the victim does not want to prosecute anymore?
1 Answer from Attorneys
Well, yes, charges CAN be dismissed.
But they can also be dismissed whether or not the victim agrees.
And, on the other hand, the State can prosecute even if the victim disagrees.
I have had more than a few cases in which the victim told the District Attorney "I
want to drop the charges."
To which the District Attorney replied: "You can't drop the charges, you didn't
bring the charges. The charges are made by the State of Tennessee, you are a witness."
(And that is technically true, the victim can be forced to trial over their objection, either by
subpoena or -- if the witness won't honor a subpoena -- by a material witness bond that
requires the witness to post a bond to insure they will come to court ... if they still won't
come to court the victim can be arrested and they will give their testimony dressed in
orange).
Perhaps the better question would be:
"The victim does not want to see the Defendant prosecuted, what can we do to resolve this
case to everyone's satisfaction? That question should be asked by the defendant's attorney.
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