Question:

If someone does not press charges when they are asked the first time can they go back and press charges later?

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Me and my friends threw a party at another friends house with his permission and he told us where the key was to get in. The cops ended up catching us and said we were breaking and entering. The grandma who owned the house was called and said not to press charges for breaking and entering. I was wondering if now that she knows her grandson wasnt there if she can press charges even though she chose not to when they asked the first time? I was given a ticket for MIP also and then released from jail the next morning.

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  1. From a lawyer.  Yes, she can change her mind but it makes her case weaker against you.  Your defense would be that you had her tacit permission to enter her home and her refusal to press charges backs up your defense.  There's also a statute of limitations on how long she has to file the charges or forever lose the ability to do so.  Look it up on Yahoo by searching Ohio statute of limitations breaking entering.


  2. Yes, she can press charges.  Steven F is wrong, the grandma can press charges.  The prosecutor files charges and prosecutes the defendant.  He will not do this is ghe grandma doesn't press charges.

  3. Yes, the grandmother can change her mind and decide to press charges.  However, each state has different statute of limitations.

  4. Assuming US law, she can decide to file a complaint, but her prior refusal may harm any case against the 'intruders'.  That said, in the US, private citizens can NEVER press criminal charges.  That is ALWAYS up to the District Attorney.  That is why criminal cases are always "The State of XX vs. John Doe" or " The United States vs. John Doe".

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