striker42
Well-known member
Thanks. Can the victim agree to drop the criminal charges in exchange for a civil settlement, or is the decision whether to charge criminally in the hands of the authorities?
Criminal charges are always in the hands of the authorities. When you commit a crime it's not an offense against a person, it's an offense against the state. That's why when you're charged its "State v. Olivera" or "The People v. Olivera".
However, in the case of domestic violence, if the victim isn't willing to cooperate or doesn't want to pursue charges, then the charges are almost always dropped. If the victim doesn't care enough to want to pursue it then why should the DA waste their time on it? It's also extremely hard to prove a domestic violence case without the victim. So practically, if the victim doesn't want to pursue it then the charges would almost certainly be dropped.
Agreeing not to pursue criminal charges in exchange or a civil settlement is dicey territory. As a practical matter, it happens. But really, it's quite possibly a crime in its own right. You can't pay someone off to not testify against you.