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If a person doesnt file a complaint can police do so?

Updated: 8/18/2019
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13y ago

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In the United States, criminal charges against a defendant are brought by the state, not by victim(s) of the crime. While a victim may provide a statement to the police which leads to the alleged perpetrator being charged with a crime, it is the police, not the victim, who actually file the charges, and the district attorney, not the victim, who prosecute.

Therefore, yes, the police can and sometimes do file charges even when the victim(s) of the alleged crime choose not to cooperate with the police. This happens, for example, in domestic violence cases, where the victim of the domestic violence may be cowed by an abusive partner or spouse into not pressing charges, but the police might still pursue them.

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Q: If a person doesnt file a complaint can police do so?
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