What happens when the person who called the police or initiated charges decides that they do not want anything to do with the case anymore? Are the charges dropped?

I get asked about this from time to time, and unfortunately, there is not one universally applicable answer, as it really depends. What happens in these types of situations is determined by several factors. The first factor will always be the charges themselves, and their severity.

It will also depend on the type of evidence that is available. For example, say it is a domestic violence case, and the only evidence against you are verbal allegations. This would mean that the prosecution’s case heavily relies on the cooperation of whoever is making these allegations. In a situation where this person no longer wishes to be involved in the case, the prosecution may consider dropping the charges.

It is important to note that once a formal charge is brought against you, the State of Indiana is the only authority that can dismiss the case. The exception to this being on rare occasions where the defense can file to have the charges dismissed, based on some flaw in the case. Most of the time, however, it will be The State and the prosecutor who are the ones deciding whether to dismiss a case.

While it is a possibility that The State could dismiss the case, they could also decide to move forward even without the cooperation of the alleged victim. If the prosecution does choose to continue with the case, this person could always decide to give a statement that would formally recant their previous one. Maybe in the heat of an argument, with emotions running high, things were exaggerated. It is also possible that something was miscommunicated. If they wish to, the person who called the police or pressed charges could go on record explaining why they would like to withdraw their previous statement.

All of these are things that will be considered by a prosecutor. In the end, it is the prosecutor who has the power to decide whether they want to move forward with the case, or whether they have information that will allow them to dismiss the case if it is the right thing to do. I’m Corey Scott. If you have any other questions feel free to reach out and hit me up. I would be more than happy to help in any way possible.