Signing releases while intoxicated

[MHolt]

What is the name of your state?What is the name of your state? Minnesota

A friend of mine was recently arrested in Minnesota on a 3rd degree felony assault charge - he was drunk, as well as his girlfriend. They got into an argument, which turned physical and she was injured. He was arrested and she was taken to the hospital. Her blood alcohol level was substantially over the limit. While in the hospital, she refused to press charges against her boyfriend and refused pictures being taken of her injuries. However, she did sign papers that would allow the hospital records to be released. Is this legal since she was intoxicated at the time?

Also....she is not pressing charges and is not going to his pre-trial hearing, nor will she attend the actual trial. Since injuries were present, etc., who is actually the complaintant? If she does not show up in court, are the charges still binding?

I'm ignorant when it comes to all of this, so any help would be appreciated.

 

[seniorjudge]

Q: However, she did sign papers that would allow the hospital records to be released. Is this legal since she was intoxicated at the time?

A: Yes, if she was conscious when she signed, the court will presume that the release was valid.


Q: Also....she is not pressing charges and is not going to his pre-trial hearing, nor will she attend the actual trial. Since injuries were present, etc., who is actually the complaintant?

A: She and the state are complainants.


Q: If she does not show up in court, are the charges still binding?

A: Yes, they can be, based on the evidence of the arresting officers, etc. The state does not need a victim's permission to pursue criminal charges (obviously).

 

[CdwJava]

In addition to the previous response, I will add that if the victim refuses to comply with a subpoena to show up at court she can be arrested. Her cooperation CAN be compelled. And unless she is willing to go to jail to defend your abusive friend, she will eventually be in that court room.

Unless he gets REAL lucky and the state just chucks it as a beef between two drunken fools.

- Carl