Actually, you can. Not all criminal investigations are initiated by a report to the police. The prosecution can and has taken the action to investigate and prosecute a case on their own volition. It’s not all that common but it is possible.Thank you for your time. The officer I spoke to said the report had not been sent to the Prosecutor yet, they don't work that fast.
I'm pretty sure that I couldn't go around the police, walk into the Prosecutor's office and ask him the threaten charges, so it is interesting to me that he sent the letter. I wish I could make the letter available but I'm not sure I should do that.
I may have to spend money in order to be sure. It just irks me that he can do this.
Thank you again.
If the complainant knows the prosecutor, it makes it even more likely the prosecutor could initiate a prosecution without an initial police report.
Or it may be the prosecutor is “doing the guy a favor” and applying some pressure but if the complainant has any belief his claim is valid, there is nothing unlawful going on.
Regardless, as others have stated, it would appear the prosecutor is either doing a favor or is attempting to render some advice to avoid a prosecution. You need to understand; a prosecutor can file charges on their belief a crime has been committed. The trial is where thedefendant proves the charges unwarranted. I don’t know if the prosecutor would file charges in your case but given the involvement she statements to date, I wouldn’t be surprised to hear s/he has.
I would take action to settle the dispute of the other party.