Can the State Prosecute if the Victim Won’t Testify?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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