Legal Question in Criminal Law in California

child abuse

can a defense attorny still presiut case if victim dropped all charges


Asked on 8/23/07, 10:46 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: child abuse

A 'defense' attorney doesn't prosecute anything. He defends criminals. A district attorney [DA] prosecutes criminals, and, yes, they can prosecute over the objection of the victim. You're probably talking about an abuse victim that has been scared into retracting their complaint. That is typical, and that is why DA's force them to testify. Abusers are frequently jailed and convicted over the protest of their victims; for the sake of society and the victims safety.

Read more
Answered on 8/24/07, 1:51 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: child abuse

Defense attorneys don't pursue criminal cases; prosecutors do. And yes, a prosecutor can pursue a case even after the victim drops all charges. This is especially true in domestic violence and child abuse cases, where the victim (or the other parent of younger victims) is often intimidated into silence by the abuser.

Read more
Answered on 8/24/07, 2:14 pm


Related Questions & Answers

More Criminal Law questions and answers in California