In reality, whether the victim presses charges or not, the police can investigate the matter and even take the suspect into their custody. From there, the prosecutor will take it up and can decide to charge the suspect with the crime. There is more you need to know about this topic, so keep reading!
Full Answer
Only an experienced criminal defense attorney is qualified to give you legal advice about your child abuse case.
Child abuse is a very serious charge, one that can not only result in criminal or civil sanctions, but one which can lead to social exclusion and loss of reputation.
If the police don't arrest the offender but have evidence of a misdemeanor or petty crime (less serious offenses than a felony ), the police can file a criminal complaint or another charging document in court. This document will be mailed to the defendant and requires the defendant to appear in court and answer the charges.
Related to the Case. If the police arrest one parent during a custody case, or has pending charges, numerous factors determine how much impact it has. It the crime in question directly relates to the child custody case, it understandably has more substantial consequences. For example, if the police arrest your ex for an unrelated misdemeanor,...
Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.
When charges are pressed, the accused person may have to go to trial. Pressing charges is different than suing in civil court. When a person decides to take this action, he will not benefit monetarily as a result of the outcome of the case.
When a defendant admitted that he did not know who actually stole his property, that admission proved he had the plaintiff arrested for an improper motive, leading to a successful malicious prosecution claim.
Definition of press charges : to take legal action against someone : to officially accuse someone of a crime He was caught shoplifting, but the store owner didn't press charges.