Question:

What can happen if someone decides to drop a serious assault charge?

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My friend is currently on remand for GBH section 18. There was a manhunt by local police and the trial is due in november. Since then the victim, [an old friend] said he would drop the charge but says the police wont allow it. What could happen to him if he insists on dropping the charge, or refuses to stand up and testify in court?

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  1. The friend has no say in the matter.  It is up to the prosecutor to proceed on the case.  

    If your friend is subpoenaed to appear in court, but fails to appear, a warrant for his arrest will be issued and he will be arrested.

    If your friend comes to court but refuses to speak...(assuming there is NOT a Fifth Amendment issue to remain silent) the court may hold him in contempt of court.

    On a side note, prosecutors hate having their star witness in jail clothes b/c they did not want to come to court.  It discredits the witness' testimony.... unless there are threats or dissuading a witness from testifying charges.  


  2. Citizens do not press charges, the prosecutor's do.  The victim has already given a statement, and that may be used instead of his testimony.  More likely that the victim would be subpoenaed by the court and ordered to testify.  Not doing so would be contempt of court.  Lying about what happened would be perjury.

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