A frequently asked question is whether or not the case will be dismissed if the alleged victim decides not to press charges. The answer is yes in most cases. Charges will generally remain against the accused regardless of whether the victim decides not to press charges. However, the prosecuting agency will make a determination of what charges to file based on the evidence, either a felony or misdemeanor. Prosecutors may also request the arresting police agency conduct a secondary investigation to gather more evidence. Thus, whether or not someone will be or is charged with a crime of domestic violence is up to the prosecutor, not the victim.