5 Things That Happen When a Victim Doesn’t Press Charges

Explore the critical things that happen when a victim does not press charges in criminal cases like domestic violence.

5 Things That Happen When a Victim Doesn’t Press Charges

When it comes to criminal cases, one common assumption that most people have is that it is the victims who have the full control of whether they want to press charges or don’t want the case to move forward.

But even if a victim does not want to press charges, prosecutors may still move forward with the case, the court may compel a testimony, or they may even make use of other evidence as proof. 

This is usually common in criminal cases, like a domestic violence case, where the victim may be emotionally charged and may not want to press charges. In such cases, people usually assume that if the victim does not cooperate or decides to dismiss a domestic violence charge, the case will automatically be dropped.

But the prosecutors have the right to continue the case even then, if they feel that the accused is really guilty. 

So, here are 5 things that can happen if a victim decides not to press charges. 

1.  The prosecutor may decide to continue the case. 

Once a criminal case has been taken up by a prosecutor, the decision of whether they want to proceed with the case or not depends on them. The prosecutor will evaluate the evidence that is available, such as police reports, medical records, and witness statements, to decide if they should continue with the case and if they can move forward without the victim’s support. 

If the prosecutor feels that they have enough evidence, they may proceed with the case even without the victim’s cooperation. 

2. The court can issue a subpoena to the victim.

Once the prosecutor decides to go forward with the case, and the victim still does not wish to cooperate, the court can issue a subpoena, asking the victim to come forward to testify. Since a subpoena is a legal order, failing to comply with it can lead to fines, penalties, and even arrest in some cases. 

Even though prosecutors understand how it may emotionally affect some victims, a testimony may be compelled if the case is considered critical. 

3. Other evidence may replace the victim’s testimony. 

Sometimes, other evidence that the prosecutor has may be able to overcome the victim’s testimony. If any evidence is direct proof that the suspect is at fault, the prosecutor has the right to use that evidence to move forward with the case. 

Prosecutors can rely on alternate forms of evidence such as 911 recordings, body camera footage, photographs of injuries, medical reports, statements made by the victims, and statements from witnesses. 

4. The case could be reduced or dismissed 

Once the case goes into the hands of the state, the case will not get automatically dropped just because the victim does not want to press charges. But the lack of cooperation could weaken the case.

Sometimes, when the prosecutor finds that key evidence is missing or there is not enough proof, they may take steps to reduce the charges, offer a plea agreement, or even dismiss the case in some cases. 

However, this decision depends entirely on the prosecutor and the strength of the evidence provided. 

5. Protective orders may still be in effect 

Sometimes, the criminal charges against the accused may be dismissed, but protective orders such as restraining orders may still be active. If these charges are violated, it can lead to additional criminal charges. 

In most cases, courts issue protective orders at the beginning of a case to ensure the safety of the victim. 

Key Takeaways 

• A criminal case’s control remains with the prosecutor. 
• A prosecutor can go forward with the case without the victim’s support if they have the necessary evidence. 
• They may issue a subpoena order to the victim. 
• Prosecutors may rely on other evidence, such as recordings and medical reports. 
• Protective orders can remain active even when criminal charges are dismissed.