Why the Victim Cannot Drop the Charges in a Criminal Case

Here is a question I hear all the time:
“If the victim wants to drop the charges, does the case automatically go away?”

The quick answer is no. Once the police are involved and charges are filed, it is no longer up to the victim. I know that can be confusing because it feels like it should be their choice, right?

I work with people every day who are shocked to learn they have far less control over their case than they thought. Today, I want to explain why the victim cannot simply drop the charges, especially in family violence cases.

And if you are in this situation right now, do not wait around hoping it will disappear. Call me so we can discuss your options.

The Myth About Victims Dropping Charges

A lot of people believe that if the victim says, “I do not want to press charges,” the case ends there. Sometimes the victim even signs an Affidavit of Non-Prosecution, saying they do not want to move forward.

That might make sense in a civil lawsuit, where one person sues another and can later decide to dismiss the case. But criminal cases are different.

In Texas, criminal charges are not filed by the victim. They are filed by the State of Texas. Once the police file a report and the District Attorney accepts the case, it officially becomes The State of Texas vs. the Defendant. At that point, the victim no longer owns the case, and only the prosecutor has the power to drop or dismiss it.

Real Example: When the Victim Wants to Drop the Charges

Imagine this. A married couple gets into an argument. The police are called, and one spouse is arrested for assault–family violence. The next day, things calm down, and the other spouse says, “I do not want them prosecuted. I just want this to be over.”

You might think the prosecutor would drop the case, but that is not how it works. Many District Attorney’s offices in Texas have a “no-drop” policy for domestic violence cases. They understand that victims often feel pressure, whether emotional or financial, to take back their statements.

Even if the victim wants to walk away, the prosecutor can still move forward with the case depending on the evidence.

They might not even need the victim’s testimony. Prosecutors can use:

• The 911 call
• Police body camera footage
• Photos of injuries
• Medical records
• Statements from witnesses or neighbors

I have seen cases go all the way to trial without the victim ever taking the stand. So, the idea that the court will drop the charges if the victim does not cooperate is simply not true.

What About Protective Orders?

Another common point of confusion involves restraining orders or protective orders.

A client might say, “The victim does not want the protective order anymore, so we are good.” Unfortunately, that is not the case.

Once a judge signs a protective order, it remains in effect until the judge modifies or terminates it. Even if the victim wants contact again, you cannot ignore that order. Violating it can result in new criminal charges on top of the original case. That can make your situation far worse.

What If the Victim Refuses to Testify?

Some people believe that if the victim refuses to testify, the case will automatically be thrown out. That is not always true.

The state can subpoena the victim to appear in court, and if they do not show up, the court can hold them in contempt of court. In some situations, prosecutors can even admit certain statements without the victim present if an exception to the hearsay rule applies.