Monday, June 15, 2020

Dropping criminal charges

Can the "victim" of a crime "drop the charges?"  Short answer is No.

On TV crime shows, you'll often hear the victim of a crime - one might think for example the person assaulted, or robbed, or defrauded, or hurt by whatever crime was committed - say he or she wants to drop the charges, or doesn't want to press charges.  The TV police and prosecution meekly comply, and the case is dismissed.  This is fiction.

Unlike a civil case - where the plaintiff is the victim (the person claiming to be hurt) and the defendant is the person who supposedly did the hurting, in a criminal case the plaintiff is/are the "People" of the city, state or U.S. government doing the prosecuting.

Look at the caption (the title or heading) on any criminal complaint or indictment or other charging document:  It does not name the person we think of as the victim.  That person is not a real party to the proceedings and has no deciding say if or how the case is commenced, prosecuted or resolved.  That decision rests with the prosecuting attorney's office (heavily influenced by the police etc. investigating the matter or who made the arrest), subject sometimes to court approval.

Although various recent so-called victims rights acts or laws mandate the person hurt be kept apprised of or have some say in the case, those laws generally stop short of granting veto power or even a vote.

In conclusion, people don't drop charges, prosecutors do (and rarely at that).

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