Will the courts move forward with charges if the other person dropped the charges? 55 Answers as of March 29, 2012

Once charges are filed, it is up to the prosecutor whether our not to dismiss the case. Often what happens is the alleged victim is threatened with being charged with filing a false police report if they do not testify to what was originally reported after the incident.

Its up to the District Attorney's office and the Judge.

For any criminal charges like assault or battery, a common misconception is that the victim is the party pressing charges. In all criminal matters, the defendant is being charged by the state, city, local municipality etc. (This is why cases are titled State v. Defendant). For this reason, there is no such remedy as the other party dropping charges, this decision will ultimately rest with the local district or city attorney assigned to the matter. A victim's desire not to press charges may be a persuasive factor in the decision not to press charges but is not in itself sufficient. It is important to hire an experienced criminal defense attorney in your area for this type of matter who will be able to communicate with the prosecutor and negotiate to attempt to have the charges dismissed based upon a number of factors, one of which could certainly be the victim's desire not to have the matter proceed to trial.

Yes, state can proceed with case if complaining witness does not want to proceed. State may subpoena witness to court.

Yes - they often do but there are ways to make it more difficult if everyone is on board.

Criminal charges are brought by the prosecuting attorney, not a private individual. It is solely up to the prosecutor as to whether to proceed with the charges.

The short answer is yes they can. A criminal complaint is the "Commonwealth" v. Defendant, not one party against the other. Therefore, it is up to the Commonwealth (or the District Attorney's Office) who decides whether or not they will go forward with charges if the original complainant no longer wants to see the charges prosecuted. I would recommend hiring an attorney if this is the case. An attorney will know how to use the original complainant's change in position to get your charges dismissed. It is not as simple as the alleged victim saying he or she doesn't care anymore.

The prosecution can file the charges, the court will hear the case and only intervene to dismiss if the state cannot prove at least probable cause. The victim of the assault does not file the charges, they are only a witness to the crime. Criminal charges are always brought by the government.

Can they? Yes. With testimony the alleged victim gave following the incident even if the victim chooses not to testify. They can, but it is unlikely they will.

The court and the DA may still try and proceed. They have a duty to protect the public and can still try and make the case. Of course it will be difficult, so they are more likely to dump it. But it's not guaranteed.

Yes they can , prosecuting attorney has discretion to file charges or not and to continue with charges even if the complaining witness wants to drop the charges.

When a person is charged in a criminal matter it is not the victim versa the defendant it is The People of the state of California versa the defendant. If the DA has the evidence to proceed they will. They can call the minor as a witness and if the minor changes his story the DA can use what the minor told the police to impeach his testimony. Whether the DA will move forward with the case depends on numerous facts.

The DA decides whether to pursue a case. If the victim doesn't want to prosecute usually the DA will dismiss it.

Yes and usually will proceed in the name of the State.

A victim does not either "press" or "drop" charges. Crime reports are taken by law enforcement personnell and forwarded to the prosecutiong agency [usually the district attorney] who decides whether or not to proceed with the case.

The state (Court) can try but if the other party does not testify, the state will have a very difficult time proving it's case.

Possibly. When you commit a crime, even though the crime may be a crime against an individual, the law sees it as a crime against the people of New York. So even if the victim decides to terminate involvement, the prosecution may still continue the case. Their case, however, could be a very weak one without the cooperation of the victim.

Yes. In assault cases, the state regularly takes over as the complaining party. This effectively takes the discretion out of the hands of the alleged victim. If the state wishes to proceed despite the victim's stated desire, the courts will proceed with the charge.

Yes, the prosecutor runs the case, not the victim.

The prosecutor makes the decision as to whether the charges will be dropped, not the alleged victim. Most prosecutors, however, will take the alleged victim's desires into consideration.

Typically the prosecutor's office, not the "courts" press forward with charges whether or not the complainants want to.

Yes. Assault is a crime against the state. The state can proceed against you without the original complainant, but the case is not as strong.

Yes. It's not the victim who is pressing charges, it's the state. However, if the victim no longer wants to testify then the DA is in a more difficult position. They can only proceed off the police report but sometimes they go forward even though this is all they have.

The idea of people 'pressing charges' is very persistent however victims and witnesses do not press charges. Here is an outline of the process: 1. Law enforcement learns that a crime may have occurred 2. Law enforcement respond and gather evidence and arrest people 3. A report is prepared and forwarded to the District Attorney 4. District Attorney reviews the reports and decides whether to file charges and what charges to file 5. Charges are filed with the court 6. Defendant appears and enters a plea There are some variations to this but none of them include a victim or witness 'pressing charges' The other issue is that the minor could not have 'dropped charges' because that person has no authority to drop or dismiss a charge. Only a district attorney or judge has the authority to dismiss a charge. To answer your question, yes it can and will move on if the prosecutor believes that the case can be proved.

Yes. Once someone makes an accusation it is out of their hands and they have no say in what happens with the case.

The answer to your question is yes, because in a criminal case the state is pressing the charges not the private party.

The victim can tell the prosecutor that they do not wish to press charges but the decision is for the prosecutor, not the victim. The victim can also address the court at sentencing to ask the court to show mercy, but it is up to the judge to determine the sentence, not the victim.

The prosecutor is the person/entity bringing the charge, not the court. Yes the prosecutor may go forward because society (the people) can be the "victim". However an experienced criminal attorney may be able to use the situation you have described to your advantage.

It is not the other person that brings the charges it is the State or municipality that brings them. The victim is called the complaining witness. The State is the Plaintiff only they can drop the charges.

The courts can proceed with charges, as they view a public offense as an offense against the State and not just the victim. Whether they will in a particular case depends on the facts of each case - i.e. whether the victim was injured, why was the victim pushed, emotional trauma etc.

It is not up to the victim or complaining witness to drop charges. The prosecutor alone has the power to drop charges. The victim can speak their mind to the prosecutor and say that they do not wish to pursue the matter, but the prosecutor can pursue the matter with or without your consent or cooperation. That doesn't mean they will, but keep in mind that they can. Often they don't like to pursue cases with uncooperative or reluctant victims so it's worth a try.

It is totally up to the prosecutor. It is not the alleged victim who presses charges. It is the People of the State of California.

A person cannot drop charges. Only a prosecutor can make such a decision.

Yes. Once a police report is filed, and the DA decides to pursue charges, that's it. The other person is a victim, not a plaintiff. Even if they refuse to testify, the DA can still prosecute for the offense.

Of course they can. Whether the victim wants to drop charges is irrelevant. The fact is, victims aren't even entitled to "drop" anything. Only a prosecutor can drop charges.

Yest hey can and often they do go forward with the prosecution.

The victim does not decide if a charge continues against a person. Only the prosecution can drop charges, and they do not have to take the alleged victim's wishes into account.

Good question. This actually comes up quite often. The individual who is pushed is referred to as the victim. However, the crime is considered to be committed against the People of CA. Even if a victim does not want the Defendant prosecuted the District Attorney can proceed against the Defendant. The DA would have to consider having a sympathetic victim, or even one who becomes hostile towards the DA, for going forward with the case. However, sometimes the participation of the victim in not necessary. Certainly in a murder case the victim does not directly participate. Often a letter from the victim to the DA asking that charges are not pressed can lead to a resolution of the case. This letter must come from the victim directly and without any encouragement. It is very important for the Defendant an/or their supporters not to attempt to have the victim take such a stance. The victim is a witness of a crime. You would never want to be charged with dissuading a witness, itself a serious crime.

Yes. Prosecutors take the position that the individual victim has no say in this. The crime is against "The People of The State of California". They need the victim to testify for a conviction.

In the state of Washington, only a prosecutor can bring or drop charges. The child is simply a victim and a witness, the prosecutor will treat him as such and proceed with the prosecution.

Potentially. Whether charges move forward is determined by the prosecution. The alleged victim does not control whether charges are brought - contrary to pop culture where the alleged victim "drops all charges." With that said, the alleged victim does have input that is typically valued by the prosecutor. Thus if the alleged victim does not want the case to move forward, the prosecutor will certainly take this into consideration.

Yes. Unfortunately, the district attorney can always prosecute, even if the victim does not want to. It does help though in terms of getting the best offer possible that the DA knows that the victim is not pushing these charges.

It is frightening how often this question comes up. Children/victims do not charge. The State, through the prosecutor, charges criminals and is the authority that determines whether criminal charges will be brought, continued, or dropped. A court may obviously order charges to be dropped (more accurately courts dismiss, not order charges to be dropped/un-filed/etc).