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The alleged victim wants to drop the case and the witnesses say they do not wish to testify; based on that, the State will drop the charges, right?

April 26, 2017Alleged based Case drop testify victim wants wish Witnesses

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The alleged victim wants to drop the case and the witnesses say they do not wish to testify; based on that, the State will drop the charges, right?

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A. Wrong! As stated previously, the State has sole discretion to file formal criminal charges. The State may file charges even if witnesses or the alleged victim(s) do not want to testify against the defendant or do not wish to proceed with the case. The State considers the alleged victim(s) and witnesses as simply witnesses, not parties. The only party that can decide to bring a case as well as choose to drop a case is the State.