All Laws Decoded

Can Criminal Charges Be Dropped?

Yes. Criminal charges can be dropped or dismissed in several ways: the prosecutor can move to dismiss them, a judge can dismiss them (for example for lack of probable cause or unnecessary delay), charges can be dismissed as part of a plea agreement, or they can be dismissed or declined after a diversion program. The decision belongs to the prosecutor and the court, not the alleged victim, though prosecutors may consider a victim's wishes. A dismissal does not always end the case for good; in some situations charges can be refiled.

What the law says

FAQ

Can the victim drop the charges?
In a criminal case the decision belongs to the prosecutor and the court. Federal prosecutors may consider the victim's desire for prosecution and may ask for the victim's views, but the federal rule allows the government, not the victim, to dismiss charges with the court's permission.
What is the difference between charges being dropped and dismissed?
The sources reviewed do not define "dropped" separately. In federal court, the government asks the court for leave to dismiss, and a court may dismiss charges on its own for unnecessary delay.
Can dismissed charges be filed again?
Sometimes. A federal discharge after a preliminary hearing does not stop the government from prosecuting later for the same offense, and Alaska's courts say a prosecutor may refile if a dismissal was for a correctable error.
Can charges be dropped in exchange for a guilty plea?
Yes. A federal plea agreement may provide that the prosecutor will not bring, or will move to dismiss, other charges. The Justice Manual says there should be documentation whenever charges originally brought are dismissed in a plea.
What is a diversion program?
In the federal system, pretrial diversion moves certain people into supervision and services instead of traditional prosecution; completing it can lead to charges being declined, dismissed, or reduced. Each U.S. Attorney's Office sets its own policy.
Can a case be dismissed because it took too long?
A federal court may dismiss charges for unnecessary delay in presenting the case to a grand jury, filing an information, or bringing the defendant to trial. States set their own time limits; Alaska, for example, requires trial within 120 days of arraignment on the information unless the defendant waives time.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.