Wisehart Wright Trial Lawyers | September 7, 2025 | Criminal Defense
Many people facing criminal charges believe the alleged victim can simply “drop the charges” and end the case. However, the legal process is far more complex. Understanding how charges are dismissed is essential for anyone accused of a crime.
What Does it Mean to Drop Charges?
To drop charges means that the prosecutor decides not to proceed with a criminal case against a defendant. This action stops the legal process and removes the possibility of conviction or punishment for the alleged offense. However, this doesn’t mean the charges can never be reinstated and charged later.
Why Would a Prosecutor Drop Charges?
Once charges are filed, there are a handful of reasons a prosecutor might decide to drop them and not proceed with the case.
Here are some of the most common ones:
Lack of Evidence
If there isn’t enough evidence to support the accusation and lead to a conviction, the prosecutor may realize they can’t meet their burden of proof. It’s possible that the prosecutor thought they would uncover more evidence as the case went on, but if this doesn’t happen, they may drop some or all of the charges.
Uncooperative Witnesses
When victims or key witnesses refuse to testify, are missing, change their story, or become legally unavailable, the prosecution’s chances of building a strong case can collapse. If it’s the type of case where a witness is essential, this could lead them to drop the charges altogether.
Constitutional Issues
If the police obtained evidence illegally, like through an illegal search and seizure, a judge could throw it out. This weakens the case against a defendant, sometimes making it completely unviable. In these cases, the prosecutor may have to drop all the charges.
Plea Agreements
Sometimes, cases are resolved through plea agreements. One common way this happens is that a defendant pleads guilty to a particular crime, and the prosecutor agrees to a more lenient penalty and/or drops some of the other charges the defendant initially faced.
For example, the prosecutor may decide to drop charges related to selling drugs and allow a defendant to plead guilty to possession of a controlled substance. This can save everyone time and money, while also reducing the risk and uncertainty of going to trial.
The Interest of Justice
There are moments when going forward with a prosecution doesn’t seem practical, fair, or beneficial. If the prosecutor decides this is the case, they can drop the charges.
Understanding these reasons is helpful for defendants so they know what to expect from their case.
Victims Cannot Drop Charges
Many people believe that if the victim of a crime no longer wants to pursue the case, they can simply “drop the charges” and end the case. Unfortunately, it doesn’t work this way in the criminal justice system.
Once the police take a report and the case moves to the prosecutor’s office, the decision to continue or dismiss the charges belongs to the prosecutor, not the victim. Even if an alleged victim recants their statement or asks to stop the case, the district attorney has the final say and may continue prosecuting if they believe there is enough evidence or it serves the public interest.
This is especially common in domestic violence and other serious cases, where prosecutors may worry about intimidation or pressure on the victim (which can lead to more charges and jail time for defendants).
This doesn’t mean the victim has no say in the process. Prosecutors usually want to avoid forcing an alleged victim to testify. If a victim strongly expresses that they do not want to go forward, the prosecutor will seriously consider this when deciding whether to pursue the case. However, the ultimate decision still lies with the prosecution, and every situation differs.
Contact the Sandusky Criminal Defense Attorneys at Wisehart Wright Trial Lawyers for a Free Consultation
Facing criminal charges can feel overwhelming, but you don’t have to go through it alone. At Wisehart Wright Trial Lawyers, our experienced Sandusky criminal defense attorneys can explain your options, protect your rights, and fight for the best possible outcome.
Whether you’re wondering if charges can be dropped or need guidance through the legal process, we’re here to help. For more information, contact the Sandusky criminal defense law firm of Wisehart Wright Trial Lawyers to schedule a free initial consultation.
We have five convenient locations in Ohio: Sandusky, Port Clinton, Vermilion, Norwalk, and Huron.
Wisehart Wright Trial Lawyers – Sandusky
502 W Washington St,
Sandusky, OH 44870
(419) 625-7770
Wisehart Wright Trial Lawyers – Port Clinton
132 Madison St,
Port Clinton, OH 43452
(419) 871-3995
Wisehart Wright Trial Lawyers – Vermilion
1513 State Rd,
Vermilion, OH 44089
(440) 967-6136
Wisehart Wright Trial Lawyers – Norwalk
13 Whittlesey Ave,
Norwalk, OH 44857
(419) 863-5922
Wisehart Wright Trial Lawyers – Huron
202 Cleveland Rd W unit 1
Huron, OH 44839
(419) 827-5884