Who Presses Charges??

[EasternPromises]

I'll preface this by saying, I'm not trying to get out of anything. Most of my LEO information has come from the tragically skewed combination of TV programs and main-stream media. So I ask because I've seen a lot of situations where "There's nothing we can do if he/she doesn't want to press charges." But I've also seen some where the police press the charges against the will of the "victim". I imagine that would happen most frequently in domestic disturbance cases.

So can anyone tell me what the difference is between charges that have to be filed by a victim, and charges that police can file? If I have a legal problem with my neighbor or something, can I go file the charges or do I have to take up the local police agency's time?

[Legoate]

Certain crimes require a willing victim in order to prosecute- battery, thefts, etc....

Other crimes don't.... Murder is a prime example (hard to testify if you're dead).

Some crimes, mainly things like child abuse and domestic violence will be prosecuted even without the cooperation of the victim, or because the victim is unable to assist in prosecution.

On a side note, most neighbor disputes are civil matters... and the cops will not interfere until the point at which a criminal act occurs.

[DeltaV]

So can anyone tell me what the difference is between charges that have to be filed by a victim, and charges that police can file? If I have a legal problem with my neighbor or something, can I go file the charges or do I have to take up the local police agency's time?

We have request for prosecution forms that victims submit for (most) misdemeanor offenses that do not occur in the presence of the officer. While it's up to the victim to file the form with the state attorney's office, a police report still is generated so the police still have to be called.

While it's state (and sometimes even agency) specific, there are usually some offenses that the police do not investigate and the charge has to be filed directly with the state attorney. An example of that here is any sort of bounced/worthless check offense or failure to return rental property. Those cases are investigated and originated by the state attorney's office and not a law enforcement agency.

[ChesCopPodz]

Felonies that I have PC, I press the charges. Misdemeanors that occur in my presence I press the charges. Domestic assault where there is probable cause that it occurred, I press the charges. Misdemeanors that don't occur in my presence (excluding domestic assault, brandishing a firearm, etc) the victim has to go obtain the warrant from the magistrate