The Legal Myth Series, Part Two: The Victim Can Just “Drop the Charges”
By James L. Spies | AggressiveCriminalLaw.com
A common misconception in criminal cases is that if the alleged victim changes their mind, they can simply “drop the charges.” On TV dramas, the victim decides not to press charges and the case disappears. In Kansas, and in reality, that is not how it works.
Who Actually Decides to File Charges?
In Kansas, as in all states, the prosecutor, not the victim, decides whether to file and pursue charges.
Police may make an arrest, but it is the county or district attorney who decides whether charges move forward.
Even if the victim wants the case dismissed, the prosecutor can continue if they believe there is enough evidence.
Why the Victim Cannot “Drop” a Case
Criminal cases are considered offenses against the state, not just the individual victim. For example, a domestic battery charge is usually filed as State of Kansas vs. [Defendant], not Victim vs. Defendant. The government takes the position that it has an interest in holding offenders accountable for public safety reasons.
What If the Victim Refuses to Cooperate?
If the alleged victim does not want to testify, the prosecution may have a harder time proving its case.
However, prosecutors often use other evidence: 911 calls, police reports, medical records, photographs, or testimony from other witnesses.
In certain situations, prosecutors can even subpoena the victim to testify against their wishes.
If a victim is personally served with a subpoena (sheriff’s deputy / police officer / process server / private investigator) they are legally required to appear in court. If they fail to appear in court the State can ask the Judge to issue a warrant for their arrest, set a bond, and send a sheriff’s deputy out to look for them.
In nearly all situations, the victim does not have a 5th Amendment right to not testify. Although there are some exceptions to that rule, that is typically cured by the prosecutor granting them immunity, thus forcing them to testify.
Why This Myth Is Dangerous
Defendants sometimes think they are “in the clear” if the victim says they want to drop the case. That false sense of security can lead to poor decisions, such as skipping court or not hiring a lawyer. In reality, the case can still go forward, and the penalties can still be severe.
What You Should Never Do
Defendants often think they can talk a victim out of going to court. Trying to persuade someone from cooperating with the state or ignoring a valid subpoena can result in new criminal charges.
The Takeaway
In Kansas, the victim does not control whether charges are filed or dismissed. Only the prosecutor can do that. If you are facing charges, never assume the case will vanish just because the victim wants it to. The smartest move is to consult with an experienced criminal defense lawyer who knows how to challenge the evidence and fight for the best outcome.
