Q: My nephew and I got into a fight where I was arrested for making initial contact. The fight lasted for less than 2 mins and my nephew told the police that night that he didn’t want to press charges and has already informed the city attorney that he will absolutely not testify. I spent 6 days in jail already awaiting arraignment and the prosecutor still wanted me to do another 30 days. My medical condition (seizures) absolutely prohibits me from being in jail for any length of time and the fact the fight was mutual should merit the charges being dropped or the 6 days being considered time served shouldn’t it?
A: Once the police are called, it is up to them to assess the situation and determine if cause exists to make an arrest or write a citation, or simply give a warning. Once the police make a decision to arrest someone or give them a citation, its not up to the victim to determine whether to press charges, it becomes the decision of the State on behalf of the people of the State. The idea being that they are protecting the people of the State of Nevada. Most people believe that the victim can choose whether to press charges, but that is just not the case. With regard to the facts of your case, it is best to discuss those privately with your counsel, and obtain all of the information that the State has so that an informed decision can be made. Typically, if the prosecution is looking for additional time it has to do with prior issues you may have had, or the specific circumstances of the current case. – Steven J. Mack
