If I got into a physical confrontation with my girlfriend and someone recorded it and the police are after me if she doesn't press chargers..can the state? it was in a private parking lot I don't know if that matters and also does the video tape matter if she doesn't want any action taken?
Answered on: 4/04/13, 8:30 am by Benjamin Partee
It's a misconception that an individual "presses charges." In Ohio, the State presses charges. The State most certainly can go forward with the case even if the victim doesn't want it to do so, and the State can compel the victim's attendance at court to prosecute. It doesn't matter if the incident happened in a private parking lot - most domestic violence incidents occur in people's homes, which are private property. The State is still able to prosecute those. If a video tape of the incident exists, it's also possible that the prosecution could use it, whether the victims wants it or not.
You should hire an attorney as soon as possible to begin planning your defense strategy. A domestic violence conviction carries serious penalties and consequences that can last for the rest of your life. You'll need an attorney to protect your rights.
Benjamin J. Partee
Attorney at Law
6 W. Main St.
Chillicothe, OH 45601
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