Many people believe that they can choose to “press” charges against someone or have the charges “dropped” if they later change their mind. This is a common misconception that most likely comes from watching too many television crime dramas. The truth of the matter is that the county prosecutor is the only person who can charge someone with a crime. Likewise, only the prosecutor can drop (or dismiss) charges once they have been filed.

Pressing Charges

One of the most common situations in which police become involved is a domestic assault. When the police are called to investigate a possible domestic violence situation, it is often the result of an argument that escalated too far. Either one of the persons involved, or possibly a neighbor, calls the police. It is not uncommon for the situation to have “cooled down” by the time the police arrive, and the victim does not want to press charges. Regardless of what you have heard, only the county prosecutor can press (or file) charges against someone.

Once the police arrive their job is to investigate what happened. They will often speak separately with each person involved. Once the police have the information they believe is appropriate, they file a report and present the matter to the prosecutor. From there, the prosecutor decides whether to file charges against the perpetrator of the domestic assault.

Dropping Charges

Just as a person cannot press charges against someone, a person cannot drop charges once they have been filed. Similar to filing charges, the prosecutor is the only person who can drop (or dismiss) charges against a person. There are many reasons a prosecutor may want to dismiss charges, but that is a discussion for another day. When a prosecutor dismisses a charge it is called a Nolle Prosequi.

There are many instances where a relative or close friend is the perpetrator of an assault. When the victim finds out that their son, daughter, friend, etc. is going to be prosecuted, they often want to have the charges dropped, only to find out they can’t. There are however things that can be done, and an experienced attorney can explain your options.

While we have talked about domestic assault in this article, the power to file or dismiss charges applies to all crimes and lies only with the prosecutor.

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If you or someone you know has been accused of domestic assault, you need a competent and experienced attorney to represent you. Protect your rights by contacting our office today.