More details to this question:
I just want to drop the rape charges and move on with my life. Can I do this without getting into trouble?
30 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 1:26 AM
Jacob P. Sartz
I'd recommend you retain a lawyer before you do. A key issue is the reason for why you want the charges dropped. You may need to contact the police and prosecutor's office and the alleged act of filing false charges may result in criminal charges. Generally speaking, once charges are filed, whether to proceed with a case is up to a prosecutor. With certain types of alleged offenses, it's fairly common for alleged victims to have concerns about potentially testifying.
Answered on Nov 02nd, 2011 at 1:33 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You can refuse to testify and essentially drop the charges.
Answered on Oct 28th, 2011 at 1:21 PM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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The only person who can bring or dismiss criminal charges is the prosecuting attorney. If you do not want to go forward, you should discuss this with the assistant prosecuting attorney handling the case. Just because you don't want to go forward does not mean the prosecutor will dismiss the charges.
Answered on Oct 28th, 2011 at 1:21 PM
You can tell the district Attorney that you do not want to proceed with the case. You can explain that you do not want the embarrassment of testifying in a trial and need to put this all behind you. As to getting into trouble for this, you have been through enough and you will not get into trouble.
Answered on Oct 10th, 2011 at 11:53 AM
Contact the prosecutor and tell them you do not wish them to go forward. It is their choice, not yours, whether to prosecute but your reluctance to testify will influence their decision.
Answered on Oct 10th, 2011 at 11:39 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry Whether or not you can "drop" charges is a little complicated. First, you need to recognize that the State is bringing the charges, not you. In this situation, it is not up to you whether or not the charges are "dropped." It is up to the prosecutor. Next, there is the issue of why the charges are being dropped. If you are just tired of the procedure, this will not be accepted by the Prosecutor. If it is a weakness in the case, then the Prosecutor may decide to dismiss the charges. If it is a change of the story that leads to charges, this may be dangerous for you. There is the possibility of charges against you for filing a false police report, or, if testimony has already been given, of perjury. The best advice is for your to hire an attorney to discuss the details of your situation. Otherwise, your seemingly good and simple intentions may end up coming back and having a consequence to you that you never intended. I hope that this was helpful.
Answered on Oct 10th, 2011 at 10:56 AM
2 Awards
Maybe. You need to meet with a lawyer and discuss this in private. I would not drop charges if your afraid, intimidated or for any other reason similar to those. You may want to "drop" charges if you are not sure it was rape. However, just because you try to "drop" charges does not mean the State will actually drop the charges. On the other hand your coming forward suggesting that you don't want to prosecute puts a damper on the State's case.
Answered on Oct 10th, 2011 at 10:55 AM
You can try to drop the charges. The DA will threaten with charges against you but if you hire an attorney to discuss your desire with the DA then you can protect yourself.
Answered on Oct 10th, 2011 at 10:34 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You do not have real control over the charges. You told the police what happened, they prepared a report and presented the case to the prosecutor, and the prosecutor filed charges. It is up to the prosecutor to decide if charges will be pursued or dropped. Talk with the prosecutor about your concerns and desires with regard to prosecution.
Answered on Oct 10th, 2011 at 10:16 AM
If the police believe that your initial rape allegations were fabricated because you now want to drop them, you may get into serious trouble. If they do not or if there is no question of fabrication (for example, medical evidence clearly proves the rape, DNA, etc.), you should discuss your intent and reasons for it with the DA in charge of the case before you do anything.
Answered on Oct 10th, 2011 at 9:37 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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If you have made a complaint, it is important not to change the statement you have given. It is ultimately up to the state whether they drop the charges, but I believe you can certainly express you desire to not proceed. You may want to contact the accused"s lawyer to let them know of you feelings.
Answered on Oct 10th, 2011 at 9:29 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You can't "drop" the charges but you can refuse to cooperate with the prosecution which might be just as good. It's not your decision.
Answered on Oct 10th, 2011 at 9:28 AM
3 Awards
You can tell the DA you don't want to proceed, but ultimately it is their decision.
Answered on Oct 10th, 2011 at 9:27 AM
Michael J. Breczinski
I take it you are the victim. It isthe State that brings the charges not you so technically the answer is no but they will need your cooperation to convict the person, so in some practical ways the answer is yes if you do not cooperate.
Answered on Oct 10th, 2011 at 9:26 AM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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Probably, but best have a lawyer negotiate that for you. DA will want you to go forward!
Answered on Oct 10th, 2011 at 9:23 AM
Juvenile Criminal Defense Attorney serving Englewood, CO
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Iyer Law Office, LLC
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It appears that you are are alleged victim of sexual assault or rape. Once a complaint is filed with the police you lose the right to get the case dropped. Dropping a case or dismissing a case or prosecuting a case is all in the sound discretion of the prosecutors. Rape is a very crime and prosecutors are very reluctant to dismiss rape charges. I say this as a former prosecutor. However, if the prosecutors do not have the necessary evidence to go to trial they may dismiss those charges which they cannot prove. However, nowadays, most prosecutors will prosecute the case and let a jury decide on the guilt or otherwise of the person charged. Be careful on how you handle this matter for if you now say you lied (your reasons for lying is immaterial) you could be charged with at least lying to the authorities, which is a crime of dishonesty and can affect your future very seriously. Contact and hire a criminal defense attorney to help you with this matter.
Answered on Oct 08th, 2011 at 12:34 AM
It is out of your hands. You are not the DA. You don't get to "drop" things.
Answered on Oct 07th, 2011 at 11:51 PM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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If you are a rape victim and you have thought things through and decided that perhaps things did not happen the way you told police, it is important to get that corrected, rather than end up in court, placed on the witness stand and risk committing perjury. Can you get in trouble? That depends on what was said to police, whether you actually lied to them, or simply embellished the case based upon other reasons. If you know you plan to go to police, it is very important to discuss this with an attorney so that you can have someone at your side, when you go to the police, or perhaps have the attorney speak with police or the DA at the outset. If the charges are true, and you are either tired of going to court or simply afraid of going to court, the DA's office will have witness advocates for your assistance in this type of case
Answered on Oct 07th, 2011 at 11:19 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Probably not. In a criminal case, you are not the one bringing the charges. It is the prosecutor who is bringing the charge against the defendant because the defendant allegedly violated the criminal statute (rape) and you are a victim/witness to the crime. You could refuse to testify and the prosecutor MAY dismiss the case, or the prosecutor could compel you to testify. These cases are generally very difficult cases for the victim (you), but if the crime was committed and you were raped, you need to stand up to the defendant and testify; otherwise this person could continue with his course of conduct. I suggest that you speak with an attorney of your own, a victim advocate, or even a mental health counselor, any of which could be of value to you.
Answered on Oct 07th, 2011 at 6:17 PM
Samuel H. Harrison
Depending on where the case is being prosecuted, this could be very difficult. Once an accusation has been made, the state - the prosecutor- is the one who decides whether or not to prosecute the case. You will have to talk to someone in the prosecuting attorney's office, explain what you want to do, and hope they listen.
Answered on Oct 07th, 2011 at 5:59 PM
Gary Moore
If you filed the complaint, you have to be concerned with being charged with filing a false complaint or perjury.
Answered on Oct 07th, 2011 at 5:50 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No. Once you file charges, it is out of your hands. You now are in the unenviable position of having to go forward or admit that your earlier statements were lies. There is no easy way out of this. You need a lawyer to help you negotiate your way clear.
Answered on Oct 07th, 2011 at 5:49 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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This is not a criminal defense question. However, you will want to talk to the prosecutor about the case since it is their decision whether or not to go forward, not yours.
Answered on Oct 07th, 2011 at 5:30 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It's not up to any particular victim or witness to "press" or "drop" charges. You can certainly make your feelings known and the prosecutor may take your wishes into consideration when deciding what to do with the case. If this is something more - for example, if you fabricated the charges or exaggerated the evidence, then I'd encourage you to seek the advice of an attorney to discuss how to proceed so things can get straightened out without you incurring criminal liability.
Answered on Oct 07th, 2011 at 5:30 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Technically, it is the prosecution that brings the charges and only they can drop them. You would be considered the complaining witness. However, that doesn't mean that they won't take your wishes into consideration. If you no longer wish to proceed with the case, they may decide to drop the case and they may not. It would depend on a number of factors and who the prosecutor is. They can subpoena you to testify but often the prosecutor doesn't like to proceed with a sexual assault case with a reluctant victim. It would also depend on how strong the case is and if they can still meet their burden without your testimony. You cannot get into any trouble for merely voicing your input that you would like the charges to be dismissed. If they decide to proceed anyway, they can still subpoena you to appear or they can proceed without you if they can, but that is doubtful. You could only get in trouble if you refuse to honor the subpoena or you testify falsely. If you decide to change your story and recant what you earlier stated, they could possibly threaten to charge you with filing a false police report. It's a lot to think about. You can retain a lawyer to represent you if it makes you feel better. Speak with the prosecutor and voice your input and see how it goes. You have nothing to lose by doing that.
Answered on Oct 07th, 2011 at 5:30 PM
3 Awards
Well, maybe. Most DA's do not want to pursue a rape charge where the victim is not cooperative. But, some will still try to get a conviction. 1- contact the DA office and explain to them you do not want to pursue the charges - too much stress and trouble to you 2- get an attorney to help you - this is optional but often can help you with all portions 3- contact the defense attorney and discuss with them you concerns If a rape did not occur or you think it is possible that you were mistaken for some reason, contact an attorney about the best way to present this and not get in trouble. This is a serious charge, rape. Sometimes, a very emotional event tricks the brain to believe rape but later the brains calms down and the truth starts coming out. You should be commended (not condemned) for wanting to make sure the truth told. If a DA tries to bully you or threaten you, I want to know about it.
Answered on Oct 07th, 2011 at 5:30 PM
Daniel Kieth Martin
You did not file rape charges, you reported a rape and the prosecutor filed charges. You cannot dismiss the charges, however you can tell the prosecutor that you do not want to cooperate. That can help, however sometimes the prosecutor continues to pursue the case.
Answered on Oct 07th, 2011 at 5:23 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Civics lesson: Crimes are committed against the State as well as the traditionally conceived victims, and the State, typically through the county prosecutor, is the one that brings charges against purported criminals. Victims of crimes may request that the prosecutor not pursue charges, or to dismiss charges, and prosecutors may charge perjury if it is determined that a victim lied to police/prosecutors.
Answered on Oct 07th, 2011 at 5:23 PM
You will need to discuss this with the district attorney involved in prosecuting the case. Whether to dismiss the charges is not your decision, but the state will often take the victim's view and willingness to assist in the prosecution into account when determining how to proceed. It wouldn't hurt to have an attorney representing you in speaking with the DA's office.
Answered on Oct 07th, 2011 at 5:22 PM