Legal Question in Criminal Law in New York

Re: indictment

Yes

A crime is prosecuted by the State not the victim. Her interests and opinion may be important for the prosecutor to hear however it is not dispositive to his decision to indict. It may however cause a problem in proving his case if the witness is recalcatrant in speaking to him or testifing.

Both the accused and the victim should seek legal counsel in a case such as you have described.

If either of you wish to consult with me you may reach me through the links provided below.

Good luck.

Re: inditment

Generaly NO, indicments must be based on diffrent facts and accusations, however once a police report is filed the DA's office may pursue a case fully till the point of trial, at that point they will need a complaining witness... if that witness is not jnterested in testifying or pressing charges they they simply dont show up. Constitutionally, the DA's may take only a certain amount of time to take a case to trial, once they surpass that time the case must be dismissed.

if you have any further questions feel free to contact us at 212.709.8303

Re: inditment

Yes, as long as the first indictment was dismissed without it going to trial.

James S. Kats, Esq. www.lawjsk.com