Legal Question in Criminal Law in Wisconsin
Trespassing
If you are arrested for criminal trespassing and criminal damage to property and the person filing a complaint decides not to prosecute, Can the state still prosecute you for the charges?
Asked on 4/09/02, 9:05 pm
1 Answer from Attorneys
John A. Birdsall
Birdsall Law Offices, S.C.
Re: Trespassing
Yes. The charges are pursued by the state, the "victims" are merely witnesses. If they refuse to cooperate, they can be subpoeaned and forced to testify. If they change their stories, they can be liable for obstructing an officer.
Answered on 4/10/02, 9:09 am
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