Can a Victim Drop a Domestic Violence Case?
This is one of the biggest misunderstandings in criminal law. A husband and wife have a bad argument. Police are called. Someone is arrested. The next day, everyone has cooled off. The wife (or husband) calls the prosecutor and says, "I want to drop the charges."
Here is the hard truth: They can't. Once the police make an arrest, it is not the victim's case anymore. It is the State's case. The prosecutor is in charge.
Even if the alleged victim begs the prosecutor to drop it, the prosecutor can (and often does) move forward with the case. They can use the 911 call and the police report as evidence. If you are in this spot, you cannot just hope it goes away. You need a team on your side who knows how to talk to the prosecutor, show them the full story, and fight for you.
