“In a case where the charges are kidnapping and assault (of my girlfriend) what if there are no witnesses, my girlfriend does not want to prosecute in any way and we are now about 4 weeks to trial and they still have not offered a plea bargain? I have priors also, can the state of Arizona still prosecute and win? My girlfriend says she won’t even go to court if a subpoena is handed to her?”

Yes, absolutely. Criminal cases are brought by the state, not the victim or alleged victim. Otherwise victims would just be intimidated by their aggressors, and no defendant would ever go to trial.

And if the charges were brought about by your girlfriend initially filing a complaint, and the complaint was false, your girlfriend herself could face criminal prosecution.

You need to get a good lawyer. And if the charges were false, so does your girlfriend.

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Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.