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Will the state attorney try this case after the "victim" dropped the charges?
Criminal Law

Will the state attorney try this case after the "victim" dropped the charges?
I was charges with trespassing after being thrown out of a bar. The bar manager has since dropped the charges, will the state attorney still try the case? There was no damage to any property it was merely a night of too much drinking.

All criminal charges are brought by the state, usually on behalf of a "victim" or complaining witness. While the state will take input from this accuser, the prosecution has the ultimate decision as to whether to prosecute. It is nevertheless very helpful that the manager has communicated his feelings that you should not be prosecuted, and that alone may convince the state to abandon your prosecution. Moreover, since the basis of the state's case is that you entered or remained at the bar after being asked to leave, cooperation of the bar management may be critical to the state's case and they may be forced to drop the case because of the refusal of the bar to assist in your prosecution. Should the case not be dropped at arraignment, you should seek representation of competent legal counsel that can help the state understand that this case is not worthy of prosecution.

 
Wednesday, 08 September 2010

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