One of the most common misunderstandings we encounter as criminal defense attorneys is the idea that the person who calls the police also has the power to “press” or “drop” charges. In reality, the process is much more complex—and once law enforcement gets involved, things often move forward whether the reporting party wants them to or not.
“I Don’t Want to Press Charges” – Why It’s Not That Simple
This scenario is particularly common in situations involving couples, family members, or close friends. Imagine a heated argument between two partners that escalates into a drunken altercation. One of them calls the police in the moment, and the other is arrested. By the next day, everyone has calmed down, and the person who made the call now wants to “drop the charges” and move on.
Unfortunately, the decision is no longer in their hands.
Once a report is made to law enforcement—whether or not an arrest occurs—the system takes over. Police will conduct an investigation, draft a report, and submit it to the City Attorney’s Office or District Attorney’s Office. From there, the prosecutor decides whether to file criminal charges.
Who Actually Files Charges?
In California, the power to file or drop charges lies solely with the prosecutor—not the victim, not the police, and not the judge. While prosecutors may consider the wishes of the reporting party, they are under no obligation to abide by them.
This means someone can be prosecuted even if the alleged victim no longer wishes to participate. For example, if a neighbor hears a domestic dispute and calls the police, the case may still move forward even if both parties involved insist that nothing serious happened.
Only the Prosecutor or Judge Can Dismiss Charges
Even after charges have been filed, only the prosecutor or a judge has the legal authority to dismiss them. This is important to understand because we often meet clients who believe the situation is “going away” just because the alleged victim isn’t cooperating. In reality, the case may still be actively prosecuted with or without the victim’s help.
What Should You Do If You’ve Been Accused?
The most important thing you can do is be proactive, not reactive. Just because someone says they won’t testify or they want to drop the charges doesn’t mean the case won’t move forward. Your freedom, future, and reputation are still on the line.
At Carolyn L. Oliver | Criminal Defense Law Firm, we understand how these situations unfold and how prosecutors think. We help clients navigate the system from the very beginning, working to build a strong defense, mitigate consequences, and, when possible, avoid charges altogether.
Don’t wait until it’s too late. The earlier you involve an experienced criminal defense attorney, the more options you may have.
Need Legal Help?
If you or someone you care about is facing criminal charges in California, we’re here to help. Contact Carolyn L. Oliver | Criminal Defense Law Firm today at (858) 456-3572 to schedule a consultation and learn how we can fight for your rights and your future.
Disclaimer: This blog is for informational and marketing purposes only and does not constitute legal advice. Viewing this blog does not establish an attorney-client relationship. No outcome is guaranteed.
