Criminal cases are pursued by the government - either at the federal or
state level - and only the prosecutor working on behalf of the government
can officially drop charges. If an alleged victim decides they no longer
want to pursue the case, they can file a request with prosecution, but
they cannot decide to have charges dropped.
The Criminal Charges Process
Criminal cases generally begin with an arrest. The law enforcement official
who makes the arrest will send information about the circumstances to
the district attorney. The D.A. reviews the evidence and decides whether
to pursue the case with the charges as is, reduce or add more charges,
or dismiss the charges.
If they believe they have enough evidence to pursue the matter, the criminal
proceedings will begin. The alleged victim may play a pivotal role in
the case, if asked to provide testimony during the trial. However, their
part does not extend beyond serving as a witness.
The Role of Other Evidence in the Case
If the alleged victim no longer wants to pursue the charges and recants
their statement, it could present a problem for the prosecutor; however,
it does not necessarily mean the D.A. will drop charges. They may have
other pieces of evidence, such as eyewitness testimony, police reports,
or photographs, which give credence to their case. However, if their case
rested largely on the alleged victim’s testimony, they may decide
to prosecute.
The prosecutor may not move forward with a case for many other reasons,
including:
- Insufficient evidence
- Contradictory evidence
- Inadmissible evidence
- Evidence that shows the individual’s rights have been violated
Schedule a Free Case Evaluation with Jerry Loftin & Associates
If you are facing criminal charges, contact our legal team at Jerry Loftin
& Associates. We have over 65 years of combined experience and extensive
knowledge of the legal system. Our attorneys will thoroughly examine your
case to build a strong legal defense and work toward getting charges reduced
or dropped.
Call us at (817) 591-7850 or
contact us online to discuss your case.