TV shows and movies often provide an inaccurate picture of filing charges and dropping criminal charges. As a victim or witness, you cannot withdraw the charge because the prosecutor decides whether to continue the case or not. Even if the prosecutor makes the final decision, you may be able to convince them to drop the case.
Step
Method 1 of 2: Improving Your Story
Step 1. Tell the prosecutor that you don't want to sue
Although it is the prosecutor who decides to drop charges, the victim or primary witness has a significant influence on the case. If you say you're not interested in taking the case to court, the prosecutor will likely drop the case. This is especially true for minor offenses.
In most jurisdictions, domestic violence is a “zero tolerance” offense: prosecutors will not drop charges, even at the victim's request
Step 2. Look for inconsistencies in the police report
Contact the police station that registered your report to request a copy. Review the report carefully, paying attention to the section that describes what you said to the police. If you find anything inaccurate in the report, you can change your statement.
Don't lie to get the claim dropped. You could be charged with fraud, perjury, or obstruction of justice
Step 3. Add new information to your report
You have to have a good reason to convince the prosecutor to drop the charge. This usually comes in the form of new information, evidence or witnesses. Remember when adding new information not to contradict your previous statements.
- Only consider this option if you give the police the wrong information. Whether it's a small mistake or a lie, it can result in punishment for an innocent person. For example, if you think something has been stolen from you, but it turns out you just misplaced it, let the police know.
- Do not try to retract all of your original statements if they are true. You can be sued.
Step 4. Submit your changes directly
Visit the police station to submit a change report either by interview or in writing. Bring a photo ID so you can prove that you were the one who made the initial report.
If the case is already scheduled for trial, you may have to go to the state attorney's office
Step 5. Wait for the prosecutor to contact you
Law enforcement may ask for more information about the case. Making changes to the police report does not guarantee that prosecutors will drop charges. If the case continues, they may ask you to testify in court. If you don't show up and cooperate, you could be fined or arrested, even if you don't want to sue.
Method 2 of 2: File a Claim Cancellation Statement
Step 1. Hire a lawyer
In some situations or areas, you can write a “Letter of Cancellation of Claims”. This is a statement that you do not want the prosecutor to continue the case. Because the regulations vary from region to region, check and make sure the laws that apply in your area. Lawyers know how to make convincing statements. He or she will also prevent lawsuits against you by ensuring that your statements do not conflict with your original report.
Step 2. Find a low-cost or free representative if you can't afford a lawyer
There are many options available if you can't afford a lawyer. Look for government-funded programs that offer free advice to low-income people. Local law firms often take on pro bono work, or you might consider visiting a local legal aid agency. Your local court may provide a facilitator to guide you through this process.
Step 3. Write a statement
Ask your attorney to provide a standard “disclaimer of complaint” format. Upon request, the prosecutor may provide you with a general “waiver of charges”. But if you want, you can write your own affidavit.
Describe what happened, emphasizing any evidence or factors that make the crime appear lighter. Explain that you feel the demand is unnecessary
Step 4. Submit your affidavit
In some areas, you only need to pay a fee to register your affidavit with the district court that handles the case. In other areas, there is no affidavit system, but you can send a copy of the statement directly to the prosecutor. Call the court by phone ahead of time to make sure you're sending the affidavit to the right person.
- Look up the court's telephone number on the Internet.
- If you're not sure which court is handling the case, do an online search for “court” and the name of your county.
- If there is a listing fee, make sure you know the payment form accepted by the court before filing your affidavit.
Tips
- If the charges are not withdrawn, the defendant can negotiate a special line (plea bargain) with the prosecutor. This can lead to a reduced charge, or a reduced sentence.
- If the charge is dropped, the arrest record will still appear on the person's criminal report, with the note “charge withdrawn”. The person can contact the court handling the case and petition for the record to be destroyed, this can happen if the person is unfairly prosecuted.
