Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
Answer:
You need to get a good lawyer. And if the charges were false, so does your girlfriend.
