Criminal Charges / Crimes

In general, while a lot of times people refer to the victim of a crime “pressing charges,” it is actually the government (the prosecutor) that brings charges against a person. Often, the victim’s opinion of whether or not they want criminal charges brought is considered by the police and prosecutor’s offices, but it is the police and prosecutor’s office that ultimately makes a decision about whether or not to bring charges and, if so, what charges to bring. This means that if an incident occurs and police are called, and then charges are not brought, it is because the police chose not to arrest the person and/or the prosecutor chose not to bring charges.

In general, when a prosecutor gets a case, they are able to make a decision whether to prosecute and, if so, what charges to bring. Prosecutors usually make this decision based on whether or not they think that they can prove to a judge or jury at trial that the defendant, meaning the abuser, committed a crime. In general, in a criminal case the prosecutor must prove the defendant’s guilt beyond a reasonable doubt in order for the defendant to be convicted. If the jury or judge has any reasonable doubt as to the defendant’s guilt, the jury or judge has to decide that the defendant not guilty. This is a very hard standard to meet, and if a prosecutor does not believe there is enough evidence to meet this standard and get a conviction, they may not bring a case against a criminal offender. I cannot say specifically why a prosecutor did not feel that there was enough evidence in your case.

If a person is unhappy with the decision that the police or prosecutor made, it may be helpful to discuss this decision with the police or prosecutor or even ask to speak with a supervisor. It may be helpful to bring along a professional like an attorney or advocate to help communicate with police. it is possible that the police and prosecutor may review this information and reconsider whether or not to bring charges. However, again, it would ultimately be up to the police or prosecutor to decide whether or not to bring charges, and it is uncommon that they reverse a previous decision. To discuss your specific situation, you may want to reach out to a lawyer that specializes in helping victims. We have information on lawyers in your state on our website.One possible place to reach out to for help in convincing a prosecutor to take a second look at a case may be your local domestic violence organization – they may have advocates who know and have worked with the prosecutor’s office in the past, and they may be able to offer you some assistance. To find a domestic violence organization near you, you can see this page with advocates in your state or call the National Domestic Violence Hotline at 1-800-799-SAFE.