One of the most common questions criminal defense lawyers hear is, “Why am I still being charged if the alleged victim wants to drop
It’s a fair question. If the person who called the police doesn’t want to go forward, why would the court system care? In North Carolina criminal court, the decision to prosecute does not belong to the victim.
Whether you’ve been charged with assault on a female, communicating threats, damage to property, affray, or a violation of a Domestic Violence Protective Order (DVPO), the State, not the complaining witness, decides whether the case moves forward or to drop charges.
The prosecutor represents the people of North Carolina, not the person who made the accusation. That distinction is not just technical. It controls everything about how your case proceeds.
Even in misdemeanor cases, the district attorney’s office has full discretion to continue prosecution, even over the alleged victim’s objections. This is especially true in cases classified as domestic violence or where the State believes there is a broader safety concern. Saying you want the charges dropped does not automatically end the prosecution.
If you’re facing assault, domestic violence, or related misdemeanor criminal charges in the Charlotte area, including Mecklenburg, Union, Iredell, Gaston, and Lincoln Counties, the Powers Law Firm PA may be available to help. Contact 704-342-4357 for a confidential consultation at no cost.
Hoping they’ll drop the charges? It’s the DAs decision in North Carolina
In criminal courts throughout North Carolina, the State, through the office of the District Attorney, decides whether to proceed forward with prosecution.
They are not civil disputes between two people. That means even if the alleged victim changes their story, writes a letter, or tells the prosecutor they want the case dismissed, the State can still proceed.
Relative to domestic violence charges, prosecutors a very careful to look for evidence of pressure by the accused, intimidation of the State’s witness, or downright fear of the defendant.
This can happen in cases involving intimate partners, spouses, roommates, or family members.
If you’ve been charged with a crime that qualifies as a misdemeanor crime domestic violence, assault on a female or communicating threats, the State will review the case carefully. Victim recantation is not that unusual, and prosecutors are trained to view it with caution.
The legal power to dismiss a case belongs to the State.
The alleged victim cannot walk into court and withdraw charges. They are not the plaintiff. They are a witness. In fact, in some cases, particularly where a 50B order may have been issued and violated, the complaining witness is likely under subpoena and may be required to testify.
Some clients are surprised to learn that even if the alleged victim failed to appear in court, the State can request a continuance and and depending on the circumstances, the judge may grant it.
That gives the State more time to locate the witness or build its case, solidifying the evidence, secure officer testimony, dispatch recording, recordings of 911 calls, photographs, and medical records.
Why the System Doesn’t Always Respond to Reconciliation
In some cases, the parties involved reconcile. They want to move on. They may share children, a household, or a long history.
The accused and the complainant both want the case to go away. But once charges have been filed, they are no longer in control of the process.
North Carolina Dismissal: Sample Form
The State may still pursue prosecution to send a broader message, to enforce the integrity of protective orders, or to establish a record in case future incidents occur.
With domestic violence charges, prosecutors are generally under institutional and sometimes political pressure not to dismiss cases, even when victims request it. While discretion still exists, that may be limited by policy and internal prosecutorial protocols.
This can be frustrating for everyone involved.
The accused defendant may feel punished for a situation that no longer exists. The complaining witness might feel ignored, not heard. But none of that changes who controls the prosecution. That power belongs to the district attorney.
The legal system is structured to protect public safety and follow procedure.
That means it may continue forward with cases that no longer feel necessary to the people involved.
Who Dismisses Criminal Charges in North Carolina?
The answer might surprise you
❌
MYTH
“If the victim wants to drop charges, the case will go away”
✅
REALITY
The State controls prosecution, not the alleged victim
Who Decides?
The District Attorney’s office, representing the people of North Carolina, makes prosecution decisions
Victims’ Rights Act
The alleged victim gives input to the prosecutor regarding desired case disposition
Domestic Violence
Prosecutors are cautious about dismissing DV cases, even when victims request it
Charges Filed: What Happens Next?
What Role Does the Alleged Victim Play After Charges Are Filed?
Although the alleged victim does not control the charges, their willingness to cooperate, or refusal to participate, can affect how the case moves forward.
If the complaining witness expresses uncertainty about the facts or is unwilling to testify, that may weaken the State’s position. It does not mean the case will automatically be dismissed.
If the witness has been subpoenaed and fails to appear, the prosecution may ask for a continuance or, in some situations, request that the court issue a Material Witness Order to take the witness into custody pending trial to ensure their attendance.
That request is not always granted, but it shows how seriously the Court and the State can treat the obligation to appear and testify, even when the witness no longer wishes to be involved.
Defendants should not contact the alleged victim about court dates, testimony, or any other matter related to the case.
That is especially true when the terms and conditions of release include a no-contact order, or when a civil Domestic Violence Protective Order (DVPO) is in place, limiting or prohibiting communication with the alleged victim.
Defense lawyers generally advise that the defendant not discuss the facts with anyone, including the complaining witness.
There are several reasons for that. First, it could be interpreted as an attempt to intimidate a witness. Second, it may further inflame the situation. Third, it often has the unintended effect of reminding the witness to appear in court, which is not the defendant’s responsibility.
Presumption of Innocence: What Does it Mean?
Put simply, the defendant should speak only with their lawyer and no one else.
If the alleged victim wants legal advice about how to proceed, they should retain their own attorney.
The State does not represent them individually. The prosecutor represents the public. Nothing prevents a witness or alleged victim from obtaining private legal counsel.
In some cases, there may even be cross warrants, where the witness is also facing criminal charges.
That potentially raises additional issues involving their rights under the Fifth Amendment (protection against self-incrimination) and Sixth Amendment (right to counsel).
Can a Lawyer Help Convince the State to Dismiss?
Yes, sometimes that is an option.
While the alleged victim cannot drop the charges directly, they may speak with the prosecutor, submit an affidavit correcting their statement or otherwise dispute the factual recitation.
A defense lawyer may also present mitigating facts, negotiate alternative resolutions or mediation, or identify weaknesses in the State’s case that support dismissal.
What is a Domestic Violence Protection Order?
In some situations, especially where the evidence is minimal, the injury is minor, or the accused has no prior history, a lawyer may succeed in persuading the State to dismiss or allowing a 15A Conditional Discharge.
The decision still belongs to the prosecutor, and it may require multiple court dates and continued advocacy.
No lawyer can guarantee dismissal, but a lawyer can point out mistakes, inconsistencies in statements, and advocate for the best interests of their client.
That includes challenging the sufficiency of the evidence, arguing for deferred prosecution where available, or pushing for trial when appropriate.
Why You Should Take Charges Seriously Even if You Expect Them to Be Dropped
One of the most common mistakes people make is assuming that charges will go away just because the complaining witness no longer wants to be involved.
Under North Carolina law, private parties do not control criminal prosecution. Once charges are filed, the case belongs to the State.
Failing to appear in court can result in an order to take you into custody. Contacting the alleged victim in violation of a no-contact order, bond conditions, or a protective order may lead to additional criminal charges. Ignoring your case while hoping for dismissal can cost you the chance to address the evidence, protect your record, or resolve the case on your terms.
50B Order Violations in North Carolina
It’s a good idea to speak with legal counsel. A defense lawyer with substantial courtroom experience can help you understand your rights, evaluate the State’s position, and develop a plan that fits the facts of your case.
Although the legal framework is consistent statewide, outcomes vary by courtroom. Prosecutorial approaches and docket management in Mecklenburg may differ from those in Union, Iredell, Gaston, Rowan, or Lincoln County.
The Bottom Line: Your Case Won’t Disappear on Its Own
Criminal charges in North Carolina follow the State’s timeline, not yours. Whether the alleged victim wants to move on, reconcile, or forget the incident ever happened, the prosecutor decides whether to proceed forward or enter a dismissal of charges. Hoping for dismissal while sitting on the sidelines is a risky strategy.
The moment charges are filed, you’re in the legal system’s machinery and it operates independently of personal relationships or second thoughts. Every day you wait is a day the State uses to strengthen its case, gather evidence, and prepare for trial. Meanwhile, violations of court orders or contact restrictions can compound your problems exponentially.
What is Communicating Threats?
The legal system has its own priorities, those being public safety, legal precedent, and institutional consistency.
If you’ve been charged with assault, domestic violence, or a related misdemeanor in the Charlotte metro area, including Mecklenburg, Union, Iredell, Gaston, and Lincoln Counties, the Powers Law Firm PA may be available for legal representation. Call 704-342-4357 to schedule a confidential consultation at no charge. 📍 Find Powers Law Firm on Google Maps