Can the Alleged Victim Drop the Charges in Missouri?

One of the most common questions criminal defense attorneys hear is:

“The alleged victim doesn’t want to press charges anymore. Will my case be dismissed?”

In many cases, the answer is no.

Although an alleged victim’s wishes may be important, criminal charges are generally prosecuted on behalf of the State of Missouri, not the individual involved.

Understanding that distinction can help you better understand how criminal cases move through the court system.

Who Decides Whether Criminal Charges Continue?

In Missouri, criminal charges are generally brought and prosecuted by the government.

Once charges have been filed, the decision whether to continue, amend, reduce, or dismiss those charges generally belongs to the prosecutor, not the alleged victim.

An alleged victim’s wishes may be considered, but they do not automatically determine whether a criminal case continues.

Can an Alleged Victim Ask for the Charges to Be Dropped?

Yes.

An alleged victim may tell law enforcement or the prosecutor that they no longer wish to pursue the case or that they do not want charges to continue.

The prosecutor may consider that information along with many other factors, including:

• The available admissible evidence.
• Statements made by witnesses.
• Physical evidence.
• Photographs.
• Medical records, when applicable.
• Prior incidents, when legally relevant.
• Public safety considerations.

Every case is different, and no single factor automatically determines whether charges will continue.

What Happens in Domestic Assault Cases?

This is one of the most common areas of confusion.

In domestic assault cases, it is not unusual for an alleged victim to later tell prosecutors they no longer want the case to proceed.

That alone does not require the prosecutor to dismiss the charges.

Depending on the available admissible evidence, the prosecutor may decide to continue the prosecution even if the alleged victim changes their mind or no longer wishes to participate.

In some cases, an alleged victim may also be subpoenaed to testify. Whether the prosecution can continue if the alleged victim does not testify depends on the available admissible evidence and the specific facts of the case.

What If the Alleged Victim Changes Their Story?

A change in an alleged victim’s account may become an important issue in the case, but it does not automatically end the prosecution.

The credibility of witnesses, prior statements, physical evidence, and other admissible evidence may all affect how a case proceeds.

In some assault and domestic assault cases, prior inconsistent statements may be admissible as substantive evidence if the required legal foundation is met.

How those issues ultimately affect the case depends on the specific facts and the applicable law.

Does This Mean the Defense Doesn’t Matter?

Not at all.

An experienced criminal defense attorney may evaluate:

• Whether the State has sufficient admissible evidence.
• Whether witness statements are reliable or credible.
• Whether constitutional issues affect the admissibility of evidence.
• Whether legal defenses apply.
• Whether the prosecution can prove every element of the charged offense beyond a reasonable doubt.

The outcome of a criminal case depends on much more than whether an alleged victim wants to continue.

Key Takeaways

• Criminal charges are generally prosecuted by the State of Missouri.
• An alleged victim cannot automatically dismiss criminal charges after they have been filed.
• Prosecutors may consider an alleged victim’s wishes, but they also consider many other factors.
• Domestic assault cases sometimes continue even when an alleged victim no longer wishes to participate.
• A later recantation or change in testimony does not necessarily eliminate other admissible evidence.
• Every criminal case depends on its own facts, the available evidence, and the applicable law.

Related Articles

You may also find these articles helpful:

• What Happens at My First Court Appearance in Missouri?
• Should I Talk to the Police if I’m Being Investigated?
• What Is a Motion to Suppress?
• Will I Go to Jail if I’m Charged with a Crime in Missouri?
• What Is Probable Cause?

Every Case Is Different

Whether criminal charges continue depends on many factors, including the available admissible evidence, the applicable law, and the prosecutor’s evaluation of the case. An alleged victim’s wishes may be important, but they are only one part of the overall analysis.

The information in this article is intended as a general overview of Missouri law and should not be considered legal advice for any particular situation. If you have questions about your case, an attorney can evaluate the specific facts and explain how the law applies to your circumstances.

About Landon Miller Law

At Landon Miller Law, we represent clients throughout Columbia and Mid-Missouri facing misdemeanor and felony criminal charges, including domestic assault and other offenses. Every case is carefully reviewed to evaluate the State’s evidence, identify constitutional issues, and develop a defense strategy tailored to the specific facts of the case. Contact us today.