QUESTION
Can you press criminal charges on someone while you have pending criminal charges?
Asked on Aug 26th, 2011 on Criminal Law - California
More details to this question:
Can you press criminal charges on someone while you have pending criminal charges?
32 ANSWERS
Yes.
Answered on Jun 09th, 2013 at 8:11 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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Yes.
Answered on Jun 09th, 2013 at 8:08 PM
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Yes.
Answered on Jun 09th, 2013 at 8:08 PM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes.
Answered on Jun 09th, 2013 at 8:08 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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Yes.
Answered on Jun 09th, 2013 at 8:07 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on Jun 09th, 2013 at 8:07 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 09th, 2013 at 8:03 PM
Steven D. Dunnings
Yes.
Answered on Jun 09th, 2013 at 8:00 PM
Gary Moore
You can try. It is a matter of whether one can get the ear of a county assistant prosecutor.
Answered on Aug 31st, 2011 at 9:22 AM
Drunk Driving Attorney serving Spencer, MA
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Law Office of Ernest T. Biando LLC
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Yes, everyone has the right to press charges no matter what you are facing.
Answered on Aug 30th, 2011 at 1:35 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
You can file a police report. It's not up to you to press charges; it is up to the State (i.e. prosecutor). If you report an incident, and there is enough evidence, then the prosecutor's office will file charges.
Answered on Aug 29th, 2011 at 12:35 PM
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Yes you can, but if the criminal charges are regarding the same people involved in the charges against you, the State may not be inclined to charge them. I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.
Answered on Aug 29th, 2011 at 12:34 PM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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The only person that can bring criminal charges is the prosecuting attorney. If you believe that someone has violated the law you should contact the police and file a report. Once the report is done, it will be sent to the prosecutor for review and a determination of whether any charges will be brought.
Answered on Aug 29th, 2011 at 12:10 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes, but police are decision makers as to whether or not to bring case forward.
Answered on Aug 29th, 2011 at 12:08 PM
Jacob P. Sartz
Yes, in theory you can. Obviously, you need to be very careful in your discussions with any police officer. I'd recommend you retain an attorney to assist you with this matter.
Answered on Aug 29th, 2011 at 11:58 AM
Roianne Houlton Conner
Yes you can if the magistrate believes that there is probable cause to believe that the other person has committed a crime.
Answered on Aug 29th, 2011 at 11:39 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes. Your status as a defendant doesn't take away your rights to be protected under the law.
Answered on Aug 29th, 2011 at 10:56 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Your terminology leads me to believe that an explanation is needed. An individual does not "press" charges. Instead, if you have a situation, you can explain it to the police/prosecutor. If the prosecutor feels that the situation warrants a complaint, then they can begin an investigation or authorize a warrant. The prosecutor would then go forward with the case. It is not up to the person who is complaining. Rather, it is up to the prosecutor. In some cases, a person is charged with A&B. However, they feel that the other person should be charged. In such situations, once the police charge one of the parties, they rarely charge the other one too. This is certainly true where the feeling can be that the person who is charged first is simply trying to deflect accusations against themselves by bringing allegations against the other person. It is rarely a matter of fairness, and often biased in favor of the person who first complained or who got charges against the other person. So if this is your situation, it is extremely unlikely that the other person would be charged. I hope that this was helpful.
Answered on Aug 29th, 2011 at 10:24 AM
In WA only the state can bring charges. There is no reason you could not be the alleged victim of a crime while facing your own criminal charges. If you believe a crime has been committed, you should contact law enforcement.
Answered on Aug 29th, 2011 at 5:22 AM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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Yes but you do not press charges, the prosecutor does.
Answered on Aug 29th, 2011 at 5:20 AM
Of course you can. Say you picked up a petty theft, and the next day someone tries to rape you. Can you say that the person who has the petty theft can get raped and nothing happens?
Answered on Aug 28th, 2011 at 7:14 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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YOU can't press charges. Only the DA can and the fact that you have criminal charges pending might make him decide not to prosecute. It really depends mostly on what charges you have pending and what charges you want someone prosecuted for.
Answered on Aug 28th, 2011 at 6:56 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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I am not sure I understand the question. If you are asking if you can be a witness in a criminal case while charges are pending against you as well, then the answer is yes. Technically you do not press criminal charges against anyone. Only the District Attorney can file charges. The victim of a crime is simply a witness, but the DA will file charges for the People of CA. The DA does not represent the individual victim. The DA represents the People of CA as a whole. Now, as a victim, you can file a civil suit against an individual who committed a crime against you. The suit would be a civil suit for monetary damages, you would not be actually pressing any criminal charges.
Answered on Aug 27th, 2011 at 11:10 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes, anyone can press criminal charges if there is enough evidence to warrant a criminal charge. The fact that the complaining witness has a pending criminal case does not matter at all.
Answered on Aug 27th, 2011 at 11:08 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Yes. Just because you have been accused of a crime you do not give the rest of the world free reign to commit wrongs against you. However, be prepared to have to overcome the stigma of being an accused criminal who is telling the truth to law enforcement.
Answered on Aug 27th, 2011 at 11:06 AM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Yes, you can be a victim of a crime while awaiting trial yourself.
Answered on Aug 27th, 2011 at 11:05 AM
Criminal and Civil Trials in State and Federal Courts Attorney serving Kenosha, WI
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Rose & Rose
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I have been answering some of the questions posed by various people and signing the answers.
Answered on Aug 27th, 2011 at 10:01 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. If two crimes have been committed, charges can go against both.
Answered on Aug 27th, 2011 at 9:56 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can file a police report when you are a victim regardless of whether you have charges pending or not. The police confer with the prosecutors' office and they decide whether charges will be filed.
Answered on Aug 27th, 2011 at 9:36 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You can file a complaint with the police, who in turn investigate the complaint and forward it to the prosecutor who then "presses the charges" if there is merit. If your complaint stems from the complaint filed against you, a question that will be asked is whether your case has merit or are you just trying to "even a score".
Answered on Aug 27th, 2011 at 9:33 AM
Michael J. Breczinski
Is this involved with the charges that are filed against you or is it a separate matter? If it is on the charges that are filed against you pressing the charges could mean talking to the police and giving statements that could be used against you. Talk to your attorney before doing anything.
Answered on Aug 27th, 2011 at 9:31 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It's not up to any individual to "press" or "drop" charges. That decision is up to the prosecutor's office. Can you file a police report against somebody? Sure. Depending on the circumstances and evidence, I don't know where it will go, but can you report a crime while you have charges pending? Yes.
Answered on Aug 26th, 2011 at 9:02 PM