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Can press charges after a police report, at the time i didn't want charges to be pressed but now can i?
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Can press charges after a police report, at the time i didn't want charges to be pressed but now can i?

i was jumped by my g/f's brothers i didn't want to press charges because they were going to pay for my meducal bills but now they wont so can i still press charges?


    




Discipulo legis, quis cogitat?
Rating
It's going to depend on the state in which you live. If you live in one of the 13 original colonies, your state probably has the capacity to permit private criminal complaints. You do not need the permission of the district attorney to file criminal charges, this is to prevent government corruption who would be reluctant to file charges against someone in cahoots with the DA's office. At the option of the DA, they may take the case.

The DA's office will not file charges if you do not show an interest in showing up for court. The 6th Amendment gives each defendant the right to confront witnesses that would testify against them. If you don't show up to testify, they cannot be found guilty. "Pressing charges" is the term used to signify a willingness to show up and testify. If you do not wish to press charges, this is communicating an unwillingness to show up when subpoenaed for court.

Even if they file charges against your girlfriend's brothers, the fact that you waited before contacting the authorities will be used in court to impeach your credibility. It is expected that people who are the victims of true crimes will report the incident. Your medical reports will help verify your story however.

The statute of limitations will depend on the level of injury you suffered, whether it constitutes serious bodily injury or bodily injury. Serious bodily injury is a felony in most jurisdictions and the DA can file charges usually up to a year after the incident. If it was only bodily injury, it could be as little as 3-6 months depending on your state in which charges must be brought from the date the offense was committed. Only crimes like rape or manslaughter have statutes of limitations that go on for multiple years.

If you want them to pay for your medical bills, you may be best taking them to small claims court. Depending on your state, there will be a statutory maximum of anywhere from $2500-$10,000. If your expenses is under the figure, you can take them to court to pay for your expenses, and get some extra to "punish" them in what is known as punitive damages. You must show that there harmful or offensive contact (beating you up) is outrageous or shocks the conscious of a reasonably minded citizen, which isn't too hard given the fact that you had to go to the hospital/doctor. After a judgment, you can garnish their wages and seize their federal income tax refund, but you have to file the request with the court after you win. The benefit of small claims court is that you do not need an attorney. You might also consider giving a call to the various day time court shows. They would fly you out and pay you and the brothers, plus you would have a chance to get even more out of it from them. Because this involves your girlfriend, it could make a juicy tv story if you all play it up and you could all get a few grand out of it.


GCOP
Yes, you can file charges as long as you meet the statue of limitations. Contact your police agency that filed the report and advise of your change of mind. Also make sure to indicate in the report that you want restitution for your medical expenses due to the assault.The judge is the only one who can order the suspect to pay. Remember, filing charges alone will not pay your medical bills. Good luck!


davidmi711
It is not up to you if charges are pressed or not, it is up to the DA. You can contact the DAs office and ask them to pursue the case, however since you were initially reluctant to pursue criminal charges and are now only doing so since they did not pay your bills they may decide against filing charges.


Rock Firestorm
You should be pressing charges against whatever teachers allowed you to pass through school. You have the spelling and grammar of a retarded monkey. Really, you can't even spell "medical?"


CAT^
Rating
Yes, you can. Contact the agency you reported the offense to. Advise that you wish to file criminal charges. You will have to complete a complaint affidavit, which is a detailed account of the events. If there is probable cause, the State Attorney's Office, or DA will issue warrants for the men. If convicted at trial, the men will be ordered to pay restitution for medical care. If they accept a plea bargain, be sure to let the prosecutor know that you want restitution.


ofcconner
Not all jurisdictions answer to the state's attorney, at least not right off the bat. Often, there's city attorney's offices and district court offices before that level of the game.

Anyway, contact your local clerk of court. If you're within the statute of limitations, technically you can still pursue the charges but like another user said, it's up to that attorney's office if they are going to file.

In the meantime, find a new girlfriend whose brothers aren't going to beat you up.

Also, CAT^ needs to read up on criminal procedure. The DA's office can choose which cases to file on and which not to. In my experience, they aren't going to waste time prosecuting some guys who got in a fight because the victim was too hard-headed to have them arrested when he had the chance. You also need to look at it from the DA's standpoint - he isn't going to waste manhours and taxpayer dollars if he thinks the victim is flaky.

Ugh, for the umpteenth time, the victim does not file charges. You may pursue charges, but it is up to the prosecuting office (DA or the like) to FILE them. They absolutely have the right not to file if they think their victim is flaky.


Christine D
Rating
I would contact the States attorney's office and talk with someone there... The State usually picks up the charges anyhow but there have been times that they don't pursue them...


hollee h
what about dog bites my dog bite my neighbor last year im in florida and in the police report she said she didnt want to press charges and now she does i need advice please





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