• LifeInMultipleChoice@lemmy.dbzer0.com
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      3 days ago

      You have no idea how assault charges go. The charges are from the State, not a person. It isn’t a civil case. (Also you could be in another country, so maybe it is different in your country)

      Also a civil suit can be filed separately for restitution by the person. So you could have criminal and civil suits side by side

      Note: most domestic violence charges in the U.S. the partner does NOT want charges to be placed.

      • Randomgal@lemmy.ca
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        16 hours ago

        “the charges come form the state” So there are charges. That’s what I said. Are you slow???

        • LifeInMultipleChoice@lemmy.dbzer0.com
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          12 hours ago

          “Nobody goes to jail if you don’t press charges bucko. Nice try though.”

          If you don’t press charges implies a person. No person has to press charges. Step by step:

          1. Person gets hit
          2. Neighbor saw and reported
          3. Officer “investigates” means take accounts from all members involved and witnesses, and arrests the person.
          4. Person goes to jail.
          5. State prosecutor reads the report and sets what charges are being filed by the state.
          6. Magistrate sets bail cost (if any or allowed) for the defendent.
          7. Person finished 8-12 hour stint in jail and is allowed to be removed with the bail being paid, and a court date set for a first appearance where the defence can claim guilty/not guilty, request a public defender, say they will get their own lawyer or represent themselves,and they will set the date for the next criminal hearing. (The judge will have you fill out request forms to decide based on your income how much a public defender would cost)
          8. The next hearing is where they would supeono the “victim” and the state prosecutor would discuss their side with them. The defendent or their representative would meet with the state prosecutor and they would discuss a possible plea deal, where if you plea to it will have a possible reduced sentence but you will be marked guilty of the assault charge. If you do not want to agree with those, well then it progresses.

          Note: the person already went to jail in step 4. If they couldn’t pay bail they are still there (usually a bit expedited). If they afforded bail it is likely 2 months later now, that this criminal case is just ramping up.

    • JoeBigelow@lemmy.ca
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      3 days ago

      That’s not how criminal law works, actually. In criminal courts the State brings charges regardless of the victims wishes.

      Is there a c/confidentlyincorrect ?