Articles Tagged with Can I drop the charges?

July 23, 2025

Can the alleged victim drop the charges?

One of the most common questions criminal defense lawyers hear is, “Why am I still being charged if the alleged victim wants to drop the charges?”

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.

January 10, 2025

Can I Drop the Charges? Understanding the Dismissal of Charges in North Carolina

by Carolina Attorneys

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.