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Frequently Asked Questions by our clients in Indiana

 


Q: The victim doesn’t want to press charges.  Can the State pick up the charges?

A: In Indiana, the prosecuting attorney has the authority to file and prosecute criminal charges.  An alleged victim of a crime may report a crime and indicate the desired outcome.  However, the alleged victim does not control the filing of charges or the outcome of a criminal case.  Those powers are in the hands of the prosecuting attorney.  After reviewing the information and evidence submitted by law enforcement, the prosecuting attorney determines which charges, if any, will be filed with the court.  The prosecuting attorney will often consider the wishes of the alleged victim, but is not controlled by those wishes.


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