It is sometimes the belief of people that a victim can simply bring an assault prosecution to an end. However, Pennsylvania law does not make ending a criminal prosecution that easy. When the Commonwealth takes part, the victim no longer controls all decisions; prosecutors and the courts control the criminal proceedings, making simple assault and battery charges more complex.
Can a victim drop their assault charges in Pennsylvania?
The question of whether or not a victim can drop the assault charges in Pennsylvania usually arises following an argument or a domestic incident. A victim can express their wishes to the prosecutor; however, they do not have automatic control over the prosecution. Pennsylvania criminal procedure rules grant the Commonwealth the power to withdraw criminal charges, and Rule 551 allows the Commonwealth’s attorney to withdraw charges while they are before an issuing authority. When charges advance to later stages, other procedural rules may come into play. Hence, a victim’s request does not automatically end the case.
Who has the power to press charges in Pennsylvania?
The idea of pressing charges in PA can be confusing. The police can investigate an alleged offense and provide the information needed for prosecution, after which the Commonwealth takes charge of the criminal prosecution. Pennsylvania Rule 551 expressly allows the attorney representing the Commonwealth to withdraw charges pending before an issuing authority. Once a criminal matter has begun, Pennsylvania law imposes additional requirements on a district attorney who wants to withdraw the prosecution. For that action, the court must approve it. A victim therefore cannot have a criminal prosecution simply erased by making a request.
What do you do when a victim of domestic violence retracts their statement?
A woman who is a victim of domestic violence and has given a plea may end up creating further legal problems. A victim might later change their story or choose to stop participating in the investigation. Nevertheless, prosecutors can still consider other available evidence. The laws of Pennsylvania lay down particular procedures concerning arrests for domestic violence. Specifically, section 2711 covers arrests based on probable cause in cases involving certain offenses against family or household members. Prosecutors may therefore consider police observations, photographs, medical evidence, recordings, messages, and witness testimony. Just because someone recants doesn’t mean that the prosecution will end.
May a lawyer get a dismissal?
Where appropriate, a defense attorney can take the necessary legal actions given the circumstances. The attorney can review the evidence, witness statements, charging documents, and procedural history. They can then decide whether to consider dismissal, withdrawal, or another course of action. Under Pennsylvania Rule 544, the Commonwealth may also reinitiate some charges after they have been withdrawn or dismissed. A withdrawn charge does not always indicate the final result.
Understanding Dismissal of Criminal Charges PA Procedures
Those seeking information about the dismissal of criminal charges should understand the difference between dismissal and withdrawal. Because different rules govern different stages of the process, the Commonwealth may be able to drop certain charges under Pennsylvania criminal procedure. In other cases, however, the court must get involved. The person’s wishes may still be relevant. But that does not mean the wishes will be dismissed. The Law Office of Heather A. Reiner, LLC can review the circumstances of an assault prosecution. Our legal counsel can explain the various options available under Pennsylvania law. If the victim wants to settle the issue, it is important to do so through the proper legal channels. Nevertheless, Pennsylvania’s criminal procedure governs the prosecution.