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Blog 2019 April Can an Alleged Victim Drop Charges in a Criminal Case?
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Can an Alleged Victim Drop Charges in a Criminal Case?

Posted By Jerry Loftin & Associates || 15-Apr-2019

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.

Categories: Criminal Defense

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