Victim Advocate Communication Requirements

Summary

A victims advocate in South Carolina must inform the prosecutor of your decision not to pursue charges, but the prosecutor has the final say. You have the right to confer with the prosecution under the Victims Bill of Rights. You wont be charged for not cooperating, but the case may still proceed based on evidence. Consult a local attorney for detailed advice.

Full Conversation

I told my victims advocate I no longer want to pursue charges is she required by law to notify the prosecutor
Hello ****. The obligations of a victims advocate can vary by jurisdiction. For a more accurate response, could you please tell me where you are located?
Rock Hill, SC
Hello ****, in South Carolina:
- A victim's advocate must respect your decision.
- However, the decision to proceed with charges is ultimately up to the prosecutor.
Please consult with a local lawyer for comprehensive advice.
Will my advocate have to update the prosecutor of my decision?
Yes, in South Carolina, a victim's advocate is generally expected to communicate your decisions and concerns to the prosecutor to ensure your rights are protected. However, the final decision lies with the prosecutor.
Okay, and am I allowed to meet or talk to the prosecutor?
Yes, ****. In South Carolina, you have the right to confer with the prosecution under the Victim's Bill of Rights. However, it's often done through the victim's advocate.
Will I be charged by saying I don’t want to cooperate?
No, as a victim, you won't be charged for deciding not to cooperate. However, the prosecutor can still proceed with the case based on available evidence. It's advisable to discuss this with your advocate or a local attorney.