Peter Followill is an attorney based in Atlanta, Georgia. A life-long resident of the state, he earned his B.A. at Emory University and received his law degree from Georgia State University's College of Law. While a law student, Peter served as an intern and summer fellow at several public interest organizations. He has worked as a judge's staff attorney and as a criminal defense trial lawyer since graduating law school.
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Articles By Peter Followill
A prosecutor can continue prosecuting a defendant even though the alleged victim cannot be compelled to testify. Whether the prosecutor will want to go forward with prosecuting a defendant when the alleged victim-spouse invokes the privilege to avoid testifying is another matter.
Generally speaking, a victim cannot force an unwilling prosecutor to file charges or seek an indictment from a grand jury. The prosecutor, exercising "prosecutorial discretion," has the final say.
In Indiana, an incident of domestic violence can result in both criminal charges being filed and an order of protection being issued by a court. Criminal charges can also follow where a person violates the terms of an order of protection. A conviction for a domestic violence offense can carry serious penalties, including jail time and steep fines.
A retailer, merchant, or individual may be defrauded by unknowingly accepting counterfeit currency. The person who uses counterfeit cash to purchase goods or services may be arrested and charged with a crime or crimes. But what if the person who has offered the false money claims to have not known that the money was counterfeit? Has the person actually committed a crime?
When good or services appear to originate from a legitimate source but are in fact unauthorized reproductions, the crime of counterfeiting has likely been committed.
Domestic violence is a violent act committed against a person in a domestic relationship whom the law protects from assault, such as a spouse, a relative, or a dating or sexual partner. Some states also classify threats to commit violent acts against protected persons as domestic violence.
Louisiana law contains criminal provisions that outlaw domestic violence, and civil provisions that make court-issued protective orders available to victims of domestic violence. The crime of domestic abuse battery carries potential jail time and fines, and violations of domestic violence protective
The State of New York defines family offenses as the commission of certain violent and threatening crimes when committed between people who share one of the specified relationships. In addition to facing criminal prosecution, a person who commits a family offense may be named in a restraining order, referred to as an order of protection.
Domestic violence in Florida defines is any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, committed by a family or household member against another family or household member.
In Colorado, domestic violence laws prohibit physical acts of violence against people and property under certain circumstances. For a violent act to qualify as a crime involving domestic violence, the aggressor and the victim must share or have shared an intimate relationship, as defined by statute.