Dropping criminal charges occurs for many reasons, including a victim who changes his mind about the complaint; however, the prosecuting attorney is the person who decides to drop them. Other reasons prosecutors drop charges include a lack of a viable witness and evidence obtained illegally.Know More
Some victims ask the prosecutor to drop the charges because they are afraid of the person the prosecutor is charging, or in domestic violence cases, the victim loves the person and wants to maintain a relationship with him. Victims also realize after their initial report to the police that they chose the wrong person. Victims who change their story substantially when asking for the dropping of charges sometimes face criminal charges themselves.
In order to prosecute a case, the prosecutor must have viable witnesses. Witnesses need to be convincing to the judge or jury. If the prosecutor feels the chances of conviction are poor, he sometimes drops the charges so he does not waste resources in the case.
In gathering evidence for a case, the police must follow protocol. They cannot search a home without a warrant or permission of the owner. If the prosecutor knows a judge is likely to rule the major evidence in a case as inadmissible, he drops the case for a lack of evidence.Learn more about Law Enforcement
Misdemeanor charges are generally considered crimes that are punishable with up to a year in jail in most states, according to FindLaw. Misdemeanors are more serious than infractions such as jaywalking, but less serious than felonies such as murder. Misdemeanors are minor offenses.Full Answer >
According to the International Association of Chiefs of Police, the police oath is: "On my honor, I won't betray my badge, my integrity, my character or public trust. I'll have the courage to hold myself and others accountable for our actions. I'll uphold the constitution, community and agency I serve."Full Answer >
The purpose of the police in the government is to protect and serve and to deliver criminals into the hands of the law. Police are responsible for catching criminals who threaten the livelihood, property and peace of other citizens. Without the police patrolling the streets of the world, it would be extremely difficult for the government to prevent law-breaking and anarchy.Full Answer >
Discretion is a police officer's option to use his judgment to interpret the law as it applies to misdemeanor crimes. The laws that apply to felony crimes, such as murder, are black and white. Laws that apply to misdemeanor crimes can be a gray area for police officers, allowing them to exercise their good judgment and determine whether a crime is serious enough to carry the maximum punishment.Full Answer >