Verified answer

Individuals don't actually "press charges." They can report suspected criminal activity to the police, who then investigate. Charges, if any, come from the prosecutor's office. The victim is just a witness.

Someone other than the victim can report matters to the police. But the victim usually is the main witness. And if the victim does not want to cooperate (i.e., they don't want to "press charges"), it's often not worth it for the police and prosecutor to pursue the matter.

They would have to have "standing" in the dispute in order to file charges in court. From what you say, it is doubtful that a judge would accept their plea.

Nobody has to "press charges" for someone to be arrested, tried, and sent to prison. It's really the government that makes the decision.

No

Source(s):

I am a retired police officer. I retired as a sergeant, after 29 years, from a very large department, about 12,000 officers. I was a patrol officer for 4 years in a very diverse area. I was a tactical officer in the high rise project areas of my city. We called it vertical patrol in that we walked the the stairways of the high rises most of the time. I did that for 5 years and was promoted by test to detective. I worked violent crime (homicide, sex, officer involved shootings, robbery, kidnapping, serious non property incidents) for 11 years until I was promoted to sergeant. I worked as a street supervisor, a bicycle patrol supervisor and a desk sergeant/watch commander.

During my time as a tactical officer and a detective I was a unit representative for the police union.

I have a B.A in English and an M.S. in Law Enforcement Administration.

There's no such thing as "pressing charges".

The police can take a report. The police aren't likely to do more then that. If there's some evidence then yea, the police can kick it to the da and the da can file charges.

If it can be proven that a crime was committed then the victim of the crime does not necessarily have to be involved at all. Crimes are prosecuted by the state, not an individual. Usually, however, the testimony of the victim is necessary to get a conviction. If the victim refuses to testify the DA will probably not have enough evidence to get a conviction and, because of that, not take the case to court.

ANYONE can file a police report. In the US, ONLY the DA can actually press charges.

As far as I know, yes, they can do that. Not criminal charges in any way. That would be something for the police and state prosecutors to handle. But in a civil court, someone can file for just about anything to legally be on record. Like how OJ Simpson was found not-guilty for the crime of murdering his wife in criminal court, then later was found guilty in civil court and had to pay fines and restitutions.

Once it gets reported there is an investigation. If there is enough evidence to proceed with charges, it is completely up to the D.A. to decide, at least in theory, whether to pursue it. In reality, if the victim is the only witness, and chooses not to testify, that's often the end of it. However, a victim or other witness may be legally compelled to testify in order to get a particularly dangerous person off the streets. As one might imagine, it may quickly become a no-win situation.

they can certainly report it. but if she won't testify, and if there are no other witnesses, it'll be difficult for anything to come from it.