What happens when the prosecutor does not agree with the victim? For example, a domestic violence victim wants the charges dismissed or refuses to cooperate with the prosecution.
It depends upon what the prosecutor and victim are in disagreement about. For example, if the prosecutor does not agree that the victim can be in the courtroom during the trial, the victim can exercise this right pro se or through counsel, regardless of whether the prosecutor agrees. This logic applies to all victims’ rights in Ohio’s constitution, statutes, and court rules. However, when it comes to decisions about whether to proceed with prosecution, prosecutors have control over the case. While prosecutors must confer with the victim, the prosecutor is not required to follow the requests of the victim. Prosecutors retain their discretion over the case. In cases where a prosecutor and a victim disagree, we suggest the prosecutor or victim’s advocate refer the victim to a victims’ rights attorney to help represent the victim’s interests.