How to Handle a Situation Where You Want to Drop Charges

In North Carolina, crimes are considered offenses against the state, not just the individual victim. As such, once the police issue a citation, make an arrest, or the District Attorney files charges, the prosecutor decides whether to move forward. While victims and witnesses can express their preference to drop a case, the final call rests with the DA. This policy is intended to prevent scenarios where defendants coerce victims to retract complaints or where the broader public interest demands accountability.

In Durham, the local District Attorney’s Office reviews each case’s merits, evidence, and potential public safety concerns in deciding whether to file a dismissal of charges. If they believe prosecuting serves the community, they may proceed, even if you no longer wish to cooperate.

Although you can’t directly dismiss charges, you can:

1. Contact the Prosecutor’s Office: Politely explain why you want the case dropped, providing any new evidence or clarifying misunderstandings.
2. Submit a Written Statement: Some jurisdictions allow victims or complainants to file an affidavit or letter detailing reasons for dismissal.
3. Speak with a Victim/Witness Coordinator: The Durham County District Attorney’s Office has staff who assist in communication between victims and prosecutors. They may be able to relay your concerns but can’t guarantee dismissal.

Keep in mind, if the prosecutors see strong evidence of wrongdoing, they might not honor and otherwise not comply with your request. However, your input may still influence how they prioritize or approach the matter.

Not necessarily. While an unwilling witness may weaken the State’s position, prosecutors can sometimes proceed without direct victim testimony. They may rely on:

• Police Observations: Bodycam footage or officer testimony.
• Physical Evidence: Photos of injuries, recorded 911 calls, or surveillance videos.
• Other Witnesses: Bystanders or neighbors who saw the incident.
• Subpoena Power: The State may issue a subpoena to any witnesses it sees fit, including the alleged victim, compelling their attendance in court.

In domestic cases, for example, the State may proceed using evidence from the scene—like photos of injuries or property damage—even if the victim refuses to cooperate. Additionally, if you’re subpoenaed to testify, refusing to appear could lead to contempt of court charges. Whether the state can compel testimony is a complicated legal matter, as some witnesses may themselves could be subject to criminal prosecution and therefore entitled to 5th Amendment constitutional protections. Each case is different. If you have questions about the specifics of your legal matter, consult legal counsel.

The defense attorney might engage in discussions with the prosecutor, pointing out weaknesses in the case. If they believe continued prosecution is not in the public interest or lacks sufficient evidence without the victim’s cooperation, they might move to dismiss. However, the final decision still lies with the DA or the presiding judge if it goes to motion hearings. In some instances, a defense attorney can persuade the prosecution that they can’t meet the burden of proof without a key witness. That is by no means a guarantee or promise. Each case and each fact pattern is unique. Seek legal counsel if you are uncertain what is best for you and your individual circumstances.

Admitting to false statements can be risky—potentially leading to resist, delay or obstruct public officer (RDO) charges or other legal consequences if the lies were part of an official police report or sworn testimony or part of a Domestic Violence Protective Order (DVPO) in Durham. If you fabricated details, it’s wise to consult counsel before doing anything, including recanting. Being candid about prior untruths might help correct the record but could also expose you to legal jeopardy. A lawyer can help guide you on mitigating that risk and discuss how to approach prosecutors ethically.

Sometimes, alternative dispute resolution methods—like mediation—are offered for less severe cases. Both parties may voluntarily participate, discussing issues and reaching an agreement with a neutral mediator. If successful, prosecutors might dismiss or reduce charges, viewing it as a mutually acceptable resolution. Mediation is more common in minor assault or property disputes. Durham has some community-based resources that provide mediation services. Not every case qualifies, though, particularly if it involves serious harm or repeat offenses.

You may be subpoenaed to appear in court. Failing to do so can result in legal consequences for ignoring the subpoena. Even if you comply but express reluctance to testify, the DA may try to introduce other evidence or call additional witnesses to build their case. The judge or jury then weighs that evidence. If found guilty, the defendant faces sentencing—even against the victim’s wishes.

Though this might feel frustrating, the rationale is that certain crimes can harm not only the direct victim but also the broader community. Prosecutors and judges strive to balance individual concerns with public safety.

Domestic violence cases often involve heightened scrutiny. Prosecutors may choose to aggressively prosecute criminal charges like Assault on a Female, Simple Assault, Communicating Threats, and allegations involving the use of a deadly weapon to protect victims from further harm. Even if the victim decides they want the charges dropped—perhaps due to reconciliation or concerns they may share criminal responsibility—the State might remain firm in pursuing them. Durham County has very experienced domestic violence prosecutors. If you’re in this situation, speaking to an attorney can help you understand your rights and options.

Possibly. If the defendant is convicted or pleads guilty, judges consider the victim’s stance during sentencing. If you openly express forgiveness or request leniency, it might influence the court’s decision. However, it doesn’t guarantee a lighter sentence. Judges weigh multiple factors, including the severity of the offense, the defendant’s record, and any aggravating circumstances. Still, genuine input from a victim often carries emotional weight in the courtroom.

While not required, consulting a lawyer can help you understand potential repercussions if you change or recant your testimony, especially if you initially gave inconsistent statements. They can also explain how to properly communicate with the prosecutor and address any liability you might face (for instance, if you falsely accused someone or if your recantation suggests you lied or are yourself guilty of a crime). A lawyer can advocate for your best interests.

Family or relationship ties often complicate these situations. Emotional, financial, or even safety considerations might lead you to request dismissal. Yet the justice system recognizes that personal relationships can involve coercion or manipulation. Prosecutors generally proceed cautiously, ensuring they’re not dismissing viable charges where an underlying problem persists. If your request to drop charges is genuine and free of coercion, present your reasons clearly to the DA’s Office.