If the victim drops the charges, is it still likely the state/county will pick up the charges and he could go to prison? 5 Answers as of September 11, 2013

A friend of mine was charged with Credit card fraud, and auto theft. The victim has agreed to drop the charges, and has been paid restitution. My friend was offered drug court but does not want to take it because he knows the victim has agreed to drop the charges. He does have prior convictions and has served prison time. If he does not accept drug court, and the victim drops the charges, is it still likely the state/county will pick up the charges and he could go to prison?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
The victim cannot just drop the charges if the case has been filed. If it is a misdemeanor, and the court allows it, you can enter into civil compromise agreement, which you apparently have already done, and the court can dismisses the case. If it is a felony then nothing can be done without the agreement of the district attorney.
Answer Applies to: California
Replied: 9/11/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The victim is not the one pressing charges. Therefore, the victim cannot drop the charges. The People of the State of California are pressing charges through the country District Attorney. Only the District Attorney can drop the charges. If you friend does not accept the drug court deal he is going to jail.
Answer Applies to: California
Replied: 9/11/2013
Gates' Law, PLLC | Thomas E. Gates
100%! He is passing up a great offer. He needs to reconsider, since he will not get anything better.
Answer Applies to: Washington
Replied: 9/11/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes he was probably offered drug court because the victim did not go on with the case.
Answer Applies to: Michigan
Replied: 9/11/2013
Ascheman & Smith | Landon Ascheman
Once the victim has filed charges, the victim does not have the power to drop the charges. The charges are already being handled by the State.
Answer Applies to: Minnesota
Replied: 9/11/2013
Click to View More Answers: