Articles Tagged with Can I drop the charges?

A common misconception in North Carolina criminal cases is that the person making an allegation, especially the alleged victim, can later decide to “drop the charges,” or “ask the Judge for a dismissal.”

It is understandable why someone might think that. In everyday life, we hear phrases like “I won’t press charges.” In reality, once law enforcement has arrested someone or a warrant, criminal summons, or citation has been issued, the authority to proceed rests with the State—not necessarily the witness or alleged victim.

To be clear, prosecutors certainly consider what prosecuting witnesses have to say.  Indeed, some charges, such as “crimes against the person” (like simple assault, assault on a female, offenses involving the impairment of the defendant, etc.) are subject to the North Carolina Victims’ Right Act.