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Can the Alleged Victim Decide Not to Press Charges While the Police are Present?

Interviewer: What if the significant other wants the charges dropped while the police are present? Is that possible since it is mandatory that someone be arrested upon the probable cause?

The Police Are Likely to Make an Arrest, Despite Protests from the Alleged Victim

David: Not necessarily, frequently what will occur is the police department and again, we’ll go back to O.J. O.J. and Nicole had the police respond to the house can or 12 times before the murders. The first five or six times they basically decided that to listen to Nicole and decided not to arrest and then they actually did arrest him a couple of times, but the charges were dropped and then ultimately, the two murders happened.

In a domestic violence situation the police, in some instances, the police have been to the house before and if they’ve been to the house two or three times in the past and all of a sudden they’re there again and they arrest somebody, they’re going to alert the prosecutor, “We’ve been there once too often.” Then the prosecutor at that point is going to go forward with a criminal prosecution, despite the victim saying, “No, no, no.”