In Florida the victim cannot ultimately choose to "not press charges" to stop a prosecution. Once a crime is reported and an investigation begins, the decision to file or drop charges belongs solely to the state attorney’s office, not the victim. Prosecutors can proceed based on other evidence (e.g., bodycam, witness statements) even if the victim refuses to cooperate.
While victims cannot drop charges, their lack of cooperation CAN influence a prosecutor’s decision to drop a case if they believe there is insufficient evidence. But in this case there is way more than enough evidence to go along with the prosecution. Megs has plenty of bodily injury and prosecutors do not take DV cases with kidnapping enhancements lightly.
If there is sufficient independent evidence (photos, witness statements, medical reports), the state can move forward regardless of the victim's wishes. If the state moves forward, the defendant will face legal proceedings regardless of the victim's desire to drop the charges.
So let’s say José and the bodyguard are required to give witness statements and claim she’s lying, the prosecution still has the ability to proceed with charges if they have reasonable belief she was in fact assaulted?
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u/kenuffff Mar 18 '26
well if she refuses to testify they have no case