Can You Be Criminally Charged With A Crime If The Victim Does Not Want To Press Charges?
In the course of an alleged crime being committed, if the police are called to the scene, it is often not a situation that is calm, and it can be unclear at first what exactly happened. Everyone may have their own version of events. But, given what is said by those involved, witnesses, and by evaluating the crime scene, law enforcement can determine if an arrest is necessary and who should be put in handcuffs. If the police believe that a particular person committed a crime, then they can make the call as to if said person is arrested and charged. This is true despite what a victim has to say about it.
As a result, in situations where the police may arrive at a potential crime scene and decide to make an arrest, a victim does not get to interfere and stop them if the victim does not want the arrest to take place.
If you were arrested in the state of Florida, it is imperative that you know your rights and you protect them. You have the right to an attorney, and the sooner you have one on your side, the better. Your attorney can advise you on what to do after an arrest which can improve the chances of obtaining the most favorable outcome. The experienced Orlando criminal defense attorneys at Joshi Law Firm, PA, know the criminal justice system and how to secure results for aggrieved people charged with crimes in the Sunshine State.
Why Victims Cannot Stop an Arrest and Charges
After the police arrest you and take you to jail, you may have a chance to post bond. When this is possible, you are able to go home for a period of time before you are expected back for your trial.
If a victim does not want to have you charged, but the police assessing the situation have what is called probable cause that you committed a crime, they can go ahead and make the arrest anyway. As long as the police have evidence that would lead them to have a reasonable belief that any other person in the same situation would also have about a crime being committed, they have the ability to arrest and charge you.
When the prosecution gets the case, they will review the evidence to see if it rises to the level of going to trial. While a victim not wanting you to be charged does make their job harder, there still could be plenty of other information about the case that warrants charges and a criminal trial.
Speak to an Orlando Criminal Defense Attorney Today
A victim wanting charges dropped on an alleged defendant may not be enough to skirt a criminal trial and conviction. Depending on the evidence surrounding a potentially criminal situation, what the victim wants may not matter.
For help after an arrest, do not delay in connecting with the Orlando criminal defense lawyers at Joshi Law Firm, PA, which can be reached by calling (407) 661-1109. Initial consultations are complimentary.