Can Police Charge Without Victim Consent?

When it comes to criminal defense, it is critical to understand the nuances of the law. One such nuance is whether police can charge someone for a crime without a victim’s consent.

In many cases, victims are not comfortable pressing charges and may even fear repercussions from doing so. However, there are situations in which police can still file a criminal case without the victim’s consent.

Our attorneys at Stechschulte Nell will key considerations for those involved in a criminal case where an alleged victim is not pressing charges.

Can Police Press Charges Without Consent?

When someone is accused of a crime, the police are responsible for investigating and gathering evidence to build a case against them. However, many people wonder if the police can charge someone without the victim’s consent. The short answer is yes; in most cases, the police can charge an individual with a crime even if the victim does not want to press charges.

It’s important to note that while alleged victims play an essential role in criminal cases, they do not have complete control over whether charges are filed. This decision ultimately falls on prosecutors who make their determination based on the available evidence and applicable laws.

Even if a victim doesn’t want to pursue legal action against someone who has harmed them, it’s still possible that criminal charges may be brought forth by law enforcement.

Ultimately, it all comes down to probable cause.

What is Probable Cause in a Criminal Case?

Probable cause is an essential concept in the criminal justice system. It refers to the legal requirement that police must meet before they can conduct a search, make an arrest, or seize property. Essentially, probable cause means that there must be sufficient evidence to suggest that a person has committed a crime.

The exact definition of probable cause varies depending on the jurisdiction and the circumstances of each case. Generally speaking, however, it requires more than just a suspicion or hunch. Instead, law enforcement officers need to have specific facts and observations that lead them to believe that someone has engaged in criminal activity.

If a crime was committed and everyone states that you committed it when police take statements at the scene, this is enough to provide police with probable cause for an arrest.

While we understand that this is not always fair and that individuals are innocent until proven guilty, this is how the criminal justice system works. The situation can change in your favor though, once you hire an experienced defense attorney to put forth evidence on your behalf.

Probable Cause Vs. Beyond a Reasonable Doubt

The police only need probable cause to charge you with a crime or arrest you, but in court, the prosecution must carry the burden of proof to convict you.

You are entitled to the presumption of innocence in a court proceeding, therefore the prosecution must prove you guilty beyond a reasonable doubt to convict you of a crime.

If they do not convince the judge or jury of your guilt, you must be found to be not guilty, even if the police had probable cause to arrest you.

This is where it also gets a little more nuanced. If the prosecution does not have the cooperation or consent of the alleged victim, this creates an obvious weakness in their case. If you committed the crime, why wouldn’t the victim press charges? This will put doubt in the jury’s mind.

Remember though, just because the alleged victim doesn’t want to press charges, doesn’t mean that you won’t be charged with the crime. The State can move forward with the case even without their consent.

Why Does The Law Allow Prosecution Without Consent?

The law allows prosecution without consent for several reasons. First, the State must ensure that those who violate the law are held accountable for their actions. This means that even if a victim does not wish to press charges or cooperate with the authorities, the state can still pursue legal action against the alleged perpetrator.

Second, there may be cases where victims are unable or unwilling to give consent due to fear or intimidation from the offender. In such instances, it is necessary for the State to step in and ensure that justice is served.

Further, allowing prosecution without consent helps deter future criminal behavior by sending a message that no one is above the law and all crimes will be punished accordingly.

The bottom line? If the prosecution has enough evidence to convict you even though they don’t have the victim’s consent—they will.

This is why it is imperative to have a dedicated and skilled criminal defense attorney on your side.

Tampa Criminal Defense

If you or a loved one is facing criminal charges, our experienced team of criminal defense attorneys, led by board-certified former prosecutor, Ben Stechschulte, can provide the best possible defense. Our commitment to excellence and dedication to our clients has earned us an outstanding reputation in the Tampa community.

With decades of combined experience, we are ready to fight for you on your behalf. Call us for a comprehensive case review at 813-280-1244. We are available 24/7 to take your call.