In many instances of Domestic Violence cases, alleged victims wonder why they cannot just "drop" the charges against a defendant. The alleged victim is the one who is "pressing" the charge, so why can't they let it go after everything calms down. Many times, alleged victims and defendants are under the impression that if they were in a different jurisdiction, namely another state, they would be able to control whether the prosecution goes forward in the case or not.
In a criminal prosecution in Nevada, the governmental entity (normally city or state) is the Plaintiff, not the alleged victim. The alleged victim in a criminal case in Nevada is only a potential witness in the case, and not necessarily an essential witness in the case. This means the prosecutor will move forward if he believes that he can prove the case beyond a reasonable doubt with or without the alleged victim. If the alleged victim was the Plaintiff in civil litigation or an applicant for a protective order, they could control whether the case moves forward or not, but not in a criminal case here.
The public policy behind not allowing alleged victims to ultimately control whether or not to proceed in a criminal case is really about pressure extended towards alleged victims to drop charges from defendants or other third parties. This could be through a number of means both psychological and physical. It could be anything from actual physical violence, threats of violence, shame, or potential financial consequences of the conviction for a family. This is the rationale behind why alleged victims are not allowed to "drop" charges and end a case. Normally, alleged victims do have some input as to what actions a prosecutor will take in resolving a case, so there is some control in that respect.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
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