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
- In federal court, the government may, with leave of court, dismiss an indictment, information, or complaint, but it may not dismiss the prosecution during trial without the defendant's consent (Rule 48(a)). Federal Rules of Criminal Procedure, Rule 48(a) (Dec. 1, 2025)
- A federal court may dismiss an indictment, information, or complaint if unnecessary delay occurs in presenting a charge to a grand jury, filing an information, or bringing a defendant to trial (Rule 48(b)). Federal Rules of Criminal Procedure, Rule 48(b) (Dec. 1, 2025)
- If a federal magistrate judge finds no probable cause at a preliminary hearing, the judge must dismiss the complaint and discharge the defendant, but "A discharge does not preclude the government from later prosecuting the defendant for the same offense." Federal Rules of Criminal Procedure, Rule 5.1(f) (Dec. 1, 2025)
- A federal plea agreement may provide that the prosecutor will not bring, or will move to dismiss, other charges if the defendant pleads guilty or no contest (Rule 11(c)(1)(A)). Federal Rules of Criminal Procedure, Rule 11(c)(1)(A) (Dec. 1, 2025)
- The Justice Manual says federal prosecutors must keep evaluating a case after charges are filed, and if a charge is "no longer readily provable or appropriate," the prosecutor should dismiss it consistent with office policies. U.S. Department of Justice, Justice Manual 9-27.300
- Federal prosecutors should bring charges when they believe the conduct is a federal offense and the admissible evidence will probably be sufficient to obtain and sustain a conviction, unless there is no substantial federal interest, the person is subject to effective prosecution in another jurisdiction, or an adequate non-criminal alternative exists. U.S. Department of Justice, Justice Manual 9-27.220
- In deciding whether to prosecute, federal prosecutors may weigh the seriousness of the harm and "the victim's desire for prosecution," and may solicit the victim's views on filing charges. U.S. Department of Justice, Justice Manual 9-27.230
- Federal pretrial diversion moves certain people out of traditional prosecution into supervision and services; participants who complete it may receive outcomes such as declination of charges, dismissal or reduction of charges, or a more favorable sentencing recommendation, while "Unsuccessful participants may be charged." U.S. Department of Justice, Justice Manual 9-22.000, Pretrial Diversion Program
- Federal pretrial diversion generally excludes people accused of offenses such as child exploitation, sexual abuse, offenses causing serious bodily injury or death, and use or brandishing of a firearm, unless the Office of the Deputy Attorney General approves. U.S. Department of Justice, Justice Manual 9-22.000, Pretrial Diversion Program
- Example (Alaska): charges can be dismissed through a motion, a failed preliminary examination, or a judge's ruling; if the dismissal is for a correctable error, the prosecutor may refile. Alaska Court System, Steps in a Criminal Case
- Example (Utah): at a preliminary hearing the judge decides whether there is probable cause; "If not, the charges are dismissed," and charges can also be changed at that hearing. Utah State Courts, Criminal Processes
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
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- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
- How Does Juvenile Court Work?
- How Long Does a Felony Stay on Your Record?
- How Much Does a Criminal Defense Lawyer Cost?
- How Do Plea Deals Work?
- How to Appeal a Criminal Conviction
- How to Get a Public Defender
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
- What Happens After an Arrest?
- What Is a Bench Warrant?
- Misdemeanor vs. Felony: What's the Difference?
- What Is an Arraignment?
- What Is Extradition?
- What Is Mail Fraud?
- What Is Wire Fraud?
- What to Do If You Have a Warrant
- Criminal Law by state
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.